Anyone charged with criminal misconduct and dealing with psychiatric issues understands how unfairly California’s judicial system treats its charges. Unfortunately, you may fall victim to mistreatment and harsher penalties due to your mental health. There’s hope for you, though. Our mental health lawyers in Carlsbad can step in and prevent your mistreatment.
Simmrin Law Group has over 19 years of experience tackling complex cases in California. Our team has worked over 100 jury trials, many of which have included defendants with compromising mental health conditions. A Carlsbad criminal defense lawyers from our firm has the experience and the knowledge to fight for your rights after a life-altering accident. You can connect with our team today to get the representation you need to stay out of jail.
When to Contact a Mental Health Lawyer in Carlsbad
We recommend you get in touch with a mental health attorney in Carlsbad, CA, as soon as you can after your arrest. Unfortunately, police officers rarely receive the training they need to safely de-escalate arrests involving mentally ill individuals.
The faster you can get an attorney on the scene, the faster you can prevent officers from charging you with belligerence or the deliberate assault of a police officer. Likewise, a Carlsbad 5150 hold lawyer or 5250 hold attorney can outline your right to be treated with care and avoid unnecessary 5150 or 5250 holds.
You can request a private mental health defense consultation from our staff after your arrest. Our staff has helped dozens of mentally ill clients protect their rights in the face of officers’ lack of knowledge. Our role in these cases has made it easier for mentally ill clients and their families to defend mentally ill parties from wrongful imprisonment and mistreatment.
For a free legal consultation with a mental health lawyer serving Carlsbad, call (310) 896-2723
Insanity Pleas Versus Mental Health Diversion Programs
There’s a difference between asserting mental health complications and insanity in a criminal case. Asserting mental health complications does not automatically clear you of responsibility for an alleged crime. Instead, you may benefit from a mental health diversion program before the court re-assesses the severity of the accusations brought against you.
Comparatively, insanity pleas allow a person or their representative to argue that they have no control over their behavior. These parties often do not use deception or other underhanded techniques to deny responsibility for any alleged misconduct. Most of the time, these parties won’t understand that they’ve committed a crime.
Our team can break down the difference between mental health cases and insanity pleas when you and your loved ones come to us for support.
Insanity Pleas and Restorations of Sanity
If you plead insanity after your arrest, and a court subsequently relieves you of responsibility for an alleged crime, you do not get to go free. You will most likely have to undergo treatment or rehabilitation at an accredited mental health institution.
Mental health professionals can work with court representatives to determine whether or not treatments may help restore your sanity. Successful treatments may see you released from a care program well before you have been released from jail or prison.
If you feel capable of rejoining society, you must initiate a restoration of sanity hearing. Our Carlsbad criminal defense lawyers can represent you throughout this hearing so you can elaborate on the care you’ve received and your renewed commitment to civil society. Our influence on your case can make your transition out of a care facility easier to handle.
Carlsbad Mental Health Lawyer Near Me (310) 896-2723
What Services to Expect From a Carlsbad Mental Health Lawyer
Our mental health attorneys in Carlsbad take on several responsibilities when representing you in a mental health case. Our primary responsibility is to help you avoid a wrongful 5150 or 5250 hold, both of which may see you involuntarily imprisoned for alleged mental breakdowns.
We also strive to connect you with a mental health diversion program that can both ease your mental strain and limit, if not overrule, your jail time. Mental health diversion programs can serve as alternatives to jail, allowing participants to receive the care they need to no longer endanger themselves or others.
If a court rules that you do not qualify for a mental health diversion program, don’t panic. Our team can represent you as California opens a criminal case against you. Our familiarity with legal procedures can help accommodate any trouble you may have understanding the law or any complications brought about by your mental health conditions.
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What to Expect From 5150 and 5250 Hearings
Because California law enforcement officers rarely receive the training they need to care for mentally ill individuals, officers may issue involuntary 5150 holds against mentally ill individuals. These holds can see you involuntarily detained for up to 72 hours due to a perceived mental health crisis.
Unfortunately, officers can recommend that the state extend a person’s involuntary stay if it appears their mental health hasn’t improved. These extended stays, known as 5250 holds, can see a person held in a mental care facility for up to 14 days. Combined with 5150 and 5250 holds, you can be detained for up to 17 days.
You have the right to communicate with an attorney while under these holds. Do not let police officers or staff convince you otherwise. Our Carlsbad, CA, mental health attorneys can represent you in 5150 and 5250 hearings by:
- Gathering evidence to elaborate on your mental health concerns
- Preventing the prosecution from overwhelming you with legalese
- Ensure you’re treated respectfully and within the legal boundaries of care while undergoing a hold
- Challenge unlawful or unwarranted holds
- Managing your paperwork
- Advocating for less-restrictive alternatives to involuntary holds, if applicable
Reacting to Unlawfully-Operated Mental Healthcare Facilities
We understand that not every mental healthcare facility in California has its patients’ best interests at heart. If you’re mistreated by such an institution and believe it is operating outside of California’s mandatory parameters, our team can take legal action on your behalf.
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Simmrin Law Group Works With Experienced Mental Health Lawyers
Simmrin Law Group believes that people contending with severe mental health disorders deserve compassionate treatment within the civil system. Incarceration without consideration can prove detrimental to a person’s health. That’s why our Carlsbad mental health attorneys step up and offer consummate defenses to California residents in need.
You can connect with our criminal defense attorneys today to discuss what services you need to protect your future. Let us represent your best interests in court so you can keep your criminal record clean. Book a private defense assessment today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form