Untreated mental health disorders can make people act irrationally. Many charged with crimes have mental health issues affecting their behavior. In these cases, a mental health lawyer in Chula Vista could reduce the tough penalties that come with convictions.
For over 19 years, the Simmrin Law Group has been defending the rights of those facing criminal charges in California. Our Chula Vista criminal defense lawyers help our clients receive the support they need. Contact us today for a confidential consultation.
Our Mental Health Attorneys in Chula Vista Handle 5150 and 5250 Cases
California’s 5150 and 5250 handles govern involuntary psychiatric hospitalization. These laws explain when and how someone can be detained for a temporary psychiatric evaluation and treatment. In some cases, this period can be extended.
The 5150 Hold
Under the 5150 hold, a psychiatrist, authorized mental health professional, or law enforcement officer can confine someone against their will for up to 72 hours for psychiatric treatment.
This hold is used if the person is considered a threat to themselves or others or is disabled after a mental health crisis. A 5150 hold lawyer in Chula Vista helps clients by defending those unjustly subjected to the hold or assisting in initiating the hold to protect a loved one.
The 5250 Hold
A 5250 hold is an extended treatment period that can begin after a 5150 hold if the person still appears to be a threat. This hold can add up to 14 more days of mandatory psychiatric assessment and treatment.
Our 5250 hearing lawyers in Chula Vista interview witnesses, gather evidence and build a strong case to support or challenge the extended hold. We can address ongoing legal matters and guide our clients through the mental healthcare system.
For a free legal consultation with a mental health lawyer serving Chula Vista, call (310) 896-2723
Defendants With Mental Health Conditions Have Options
People diagnosed with mental health problems don’t automatically have to go to jail or prison for crimes. Often, rehab and treatment are more appropriate, especially when the mental health issues are linked to criminal behavior.
California has mental health diversion programs that offer an alternative to traditional criminal prosecution for those eligible. Treating the underlying mental health problems can be more beneficial in the long term than just punishment.
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Understanding the Mental Health Diversion Program
This is an opportunity for a defendant with a qualifying mental health disorder to get court-ordered psychiatric treatment instead of potentially going to jail or prison. Explaining the availability of this option is just one of the things a mental health lawyer can do for you.
If the eligible individual completes the prescribed treatment plan and meets the other requirements of the diversion program, the prosecuting lawyer can choose to dismiss the criminal charges. This allows the individual to avoid the long-term consequences of a criminal conviction while still being held accountable through the program’s terms.
Conversely, if the diversion program is not followed, the district attorney can opt to reinstate the initial charges and prosecute. This serves as an incentive for the participant to fully engage with the support services provided.
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Who Is Eligible for a Mental Health Diversion Program in California?
Eligibility for mental health diversion programs is not universal among those facing criminal charges. Specific requirements must be satisfied to qualify for and participate in these initiatives. A mental health attorney in Chula Vista can assess which cases may be eligible for this alternative.
Participating in a mental health diversion program is possible if:
- The person has a mental health condition listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM). Some conditions like pedophilia and antisocial personality disorder are not included.
- Consent is given to enter the program and follow the requirements. The person has to also waive their right to a speedy trial.
- A qualified mental health expert reviewed the case and determined that the program would likely lead to a positive outcome.
- The mental disorder was a contributing factor in the crime. A Chula Vista mental health attorney can determine a connection between the offense and mental health condition.
- The court believes there is no risk to the safety of others if the defendant enters the program instead of being prosecuted.
Those who fulfill the eligibility requirements can qualify for court-mandated mental health treatment instead of facing prosecution for criminal acts. Upon completing the program, the original criminal charges may be dismissed.
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What Are the Requirements of Mental Health Diversion Programs?
When joining a mental health diversion program, certain requirements must be met. These vary based on the mental health condition, crime, treatment plan, and other aspects.
For example, the person entering the program may have to:
- Stay in a treatment facility
- Follow a medication regimen
- Attend group therapy
- Do to psychotherapy
- Participate in outpatient or inpatient treatment
Mental health diversion programs typically last from six months to two years. If someone can’t afford the program fees, they may qualify for a low-income option based on their financial situation and case details.
Call an Experienced Chula Vista Mental Health Lawyer
California recognizes the challenges mental health issues can create for both individuals and society. Therefore, the state has created programs and rules to guide those with mental illness toward support and away from the criminal justice system.
It’s important to act quickly when facing criminal charges due to mental health problems. Contact the Simmrin Law Group today for a free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form