Lakewood Mental Health Diversion Lawyer
Lakewood Mental Health Diversion Attorney
When charged with a crime in California, sometimes there are alternative options available outside of jail time or other consequences. Mental health diversion programs help support individuals with mental illness who are being charged with certain crimes. If that sounds like you, you could benefit from the help of a Lakewood mental health diversion lawyer.
The Law Offices of Christopher J. McCann, APC, has experience with many types of criminal defense. Attorney Christopher J. McCann personally handles all cases and is dedicated to providing compassionate, determined support to all his clients.
What Mental Health Diversion Does
Mental health diversion allows an individual charged with a crime to avoid a trial and the prison system, instead going through a separate care plan. This could be beneficial for the 1,243,000 Californian adults who have a serious mental illness, as well as the more than 5.5 million people in California who have any mental health condition.
A diversion is a pretrial option, meaning it’s a path you take before going to trial or accepting a plea deal. It allows someone accused of a crime to commit to a mental health care plan, maybe with one of our local providers like Ocean View Psychiatric or Better Mindset Therapy.
Upon completion of a diversion program, many people are able to have their charges dismissed. It is a true second chance for someone accused of a crime, allowing them to return to life without a permanent criminal record.
The mental health diversion system helps protect vulnerable individuals who might not fare well in the prison system. It gives them access to valuable care and keeps them safe so they can pursue recovery. Not everyone qualifies for a diversion program, however, and the cases can be complex, so finding the right legal representation is imperative.
Who Qualifies for Mental Health Diversion in Lakewood?
California Penal Code 1001.36 sets forth the definitions and requirements for a mental health diversion. Under this code, many types of mental health conditions qualify, including:
- Bipolar disorder
- Schizophrenia
- Post-traumatic stress disorder (PTSD)
- Schizoaffective disorder
However, not all mental health conditions qualify. Antisocial personality disorder and pedophilia are both explicitly excluded.
Some types of crimes are also not eligible under mental health diversion laws. Those accused of murder and most kinds of sex crimes, among other offenses, are exempt from pursuing a diversion. While diversions allow you to avoid a trial at the Bellflower Courthouse, keep in mind that the type of crime matters.
Lastly, to qualify for a mental health diversion program, the diagnosed disorder must have been a significant factor in committing the offense. PTSD can lead to violent outbursts or unintentional harm, meaning it can factor into some violent crimes. The link between the disorder and the offense must be evident.
Even when avoiding a trial with a diversion program, there are still factors to prove and evidence that must be gathered. A Lakewood mental health diversion attorney can assist with this and other elements, like negotiating a care plan and understanding your rights. They can also help prove that your diagnosis played a significant role in the offense you are being charged with.
Hire a Mental Health Diversion Lawyer in Lakewood Today
When charged with a crime in Lakewood, CA, it’s important to get legal aid as soon as possible. As a pretrial option, mental health diversion needs to be pursued before the case goes to trial. That is what our experienced attorney can help with.
In 2024, California granted 6,179 petitions for a mental health diversion in most counties in the state. When you come to the Law Offices of Christopher J. McCann, APC, we can help you make your petition stronger. We want the most favorable outcome for you, and we understand the challenge of navigating these difficult cases.
FAQs About Lakewood, CA Mental Health Diversion Laws
What Type of Lawyer Deals With Mental Health Diversion?
Many types of lawyers can deal with mental health issues, but for a diversion, you want to hire a mental health diversion lawyer. This is someone who is familiar with the qualifications for a mental health diversion program in the state, what requirements need to be met, and how to negotiate the right plan.
Does a Diagnosis Have to Come From a Psychiatrist for a Diversion Program in California?
No, a mental health diagnosis isn’t required to come from a psychiatrist for a diversion program in California. Any qualified mental health provider, including social workers and other providers, can perform an evaluation within their scope of practice. There must be evidence of a diagnosis or treatment from a qualified professional within the past five years for the claim to be valid.
Does a Mental Health Diversion Program Require Waiving Any Rights in California?
Yes, a mental health diversion program can require waiving certain rights in California. A person consenting to a diversion must waive their right to a speedy trial to continue with the diversion. In some cases, a person is deemed unable to consent due to mental incompetence, but is still eligible for a diversion if they are considered an appropriate candidate by a qualified professional.
What Do Mental Health Lawyers Do?
Mental health lawyers advocate for the rights of their clients and represent individuals who might have trouble representing themselves. They can help gather evidence, inspect the reliability of that evidence, prove the involvement of a mental illness in a crime, and more. A mental health lawyer’s primary concern is protecting the interests of their client.
Get Legal Representation From the Law Offices of Christopher J. McCann, APC Now
If you have been charged with a crime in Lakewood, it is important to contact an attorney as soon as you can. If you want to pursue mental health diversion, you need to make sure you have all the right evidence and know what the process looks like. When building a defense, being proactive never hurts, and you can consult with a lawyer before you’ve even been charged.
To get your questions answered and find out how you can get help, contact the Law Offices of Christopher J. McCann, APC, today and schedule a free consultation. You can also visit our Lakewood office located at the corner of Clarke Avenue and Candlewood Street.
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