Unaddressed mental health conditions can cause individuals to behave irrationally. Many defendants in criminal cases have mental health issues that influence their actions. In such situations, a mental health lawyer in Santa Barbara may help decrease some of the harsher penalties associated with convictions.
The Simmrin Law Group has been advocating for the rights of those facing criminal allegations in California for over 19 years. Our Santa Barbara criminal defense lawyers make sure our clients get the medical treatment and support they require. Contact us today for a confidential consultation to understand eligibility for a mental health diversion program.
Our Santa Barbara Mental Health Attorneys Handle 5150 and 5250 Cases
Specific legal statutes in California, referred to as the 5150 and 5250 holds, regulate involuntary psychiatric hospitalization. These codes detail when and how a person can be detained and held for a temporary psychiatric assessment. The compulsory treatment can be extended in certain situations.
California’s 5150 Hold
According to the 5150 hold, a law enforcement officer, psychiatrist, or other authorized mental health professional can involuntarily confine someone for up to 72 hours for psychiatric evaluation and treatment.
The hold only applies if the person is deemed a threat or severely disabled due to a mental health crisis. A 5150 hold lawyer in Santa Barbara represents clients by either defending those subject to the hold unjustly or helping initiate the hold for a loved one’s safety.
California’s 5250 Hold
The 5250 hold is a prolonged treatment period that can be initiated at the end of a 5150 hold if the individual still seems to pose a threat or is incapacitated. It allows for up to 14 additional days of compulsory psychiatric treatment and assessment. The extended hold provides more extensive care for those in need.
Our experienced 5250 hearing lawyers in Santa Barbara gather proof, talk to witnesses, and build a case to argue for or against the necessity of the extended hold. We also easily navigate the hearing process, whether it involves addressing ongoing legal issues or navigating the mental healthcare system.
For a free legal consultation with a mental health lawyer serving Santa Barbara, call (310) 896-2723
Legal Options for Defendants With Mental Health Conditions
People with mental health conditions don’t always have to go to prison or jail for criminal offenses. Often, rehabilitation and treatment are more suitable, especially when the criminal behavior is connected to mental health issues.
California offers mental health diversion programs as an alternative to conventional criminal prosecution for those who qualify. Addressing the root of mental health issues can be more effective than merely imposing punishment.
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An Overview of Mental Health Diversion
A mental health diversion program allows a defendant with an eligible mental health condition to receive court-mandated mental health treatment instead of facing potential incarceration. Explaining this option is just one of the ways a mental health lawyer can assist.
If the defendant completes the treatment plan and meets the other conditions of the diversion program, the prosecuting attorney can dismiss or drop the original criminal charges. This way, the individual can avoid the long-term repercussions of a criminal record while still being held accountable through the program.
However, if the defendant does not comply with the diversion program, the district attorney can reinstate the initial criminal charges and continue with the prosecution. This motivates the participant to engage in mental health treatment.
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Who Qualifies for Mental Health Diversion Programs in California
Not everyone facing criminal charges is eligible for a mental health diversion program. There are specific criteria that must be met to qualify for and participate in these initiatives. A mental health attorney in Santa Barbara assesses which cases may be eligible for this option.
Someone may enter a mental health diversion program if:
- They were diagnosed with a mental health disorder found in the Diagnostic and Statistical Manual of Mental Disorders (DSM). However, some conditions like pedophilia, antisocial personality disorder, and borderline personality disorder are excluded.
- The mental illness had an important contribution to the crime committed. A lawyer can establish a link between the mental health condition and the offense.
- A mental health professional assessed the case and established that this course of action may likely lead to a good outcome.
- Consent is given to participate in the mental health diversion and comply with the program’s conditions. The person must also waive their right to a quick trial.
- The court finds no unreasonable risk to public safety if the defendant enters the program rather than faces prosecution.
A defendant who meets these eligibility criteria qualifies for court-ordered mental health treatment as an alternative to facing prosecution for alleged criminal offenses. After completing the program, the charges can be dismissed.
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The Main Requirements of Mental Health Diversion
Certain requirements must be fulfilled when entering a mental health diversion program. These can vary depending on the nature of the crime, the mental health condition, the prescribed treatment plan, and other factors.
For example, the defendant may need to:
- Stay in a treatment facility
- Participate in outpatient or inpatient treatment
- Go to group therapy
- Attend psychotherapy
- Follow a medication regimen
Generally, mental health diversion programs last from six months to two years. Depending on their financial circumstances and the specifics of their case, individuals who are unable to afford the program fees may be eligible for a low-income option.
Call Our Experienced Mental Health Attorneys in Santa Barbara
California acknowledges the obstacles that mental health conditions can pose for both individuals and society. As a result, the state has established programs and regulations to help steer those struggling with mental illness away from the criminal justice system and toward assistance.
Acting promptly is crucial when facing a criminal allegation stemming from mental health difficulties. Contact the Simmrin Law Group today for a free consultation, and allow us to leverage our resources on your behalf.
Call or text (310) 896-2723 or complete a Free Case Evaluation form