Trending Mental Health Defenses

How Mental Health Issues Can Affect Your Los Angeles Criminal Defense Case

For decades (and perhaps longer) our criminal justice system has been ill-equipped to deal with a growing mental health and substance abuse crisis.  Nowhere is this crisis more evident than in the criminal courts of Los Angeles.  Unfortunately, mental health issues continue to carry a strong societal stigma, resulting in an overwhelming amount of undiagnosed, untreated, and undertreated mental health issues.  While these mental health issues hold people back in their personal, professional and family lives, it is often only once mental health issues draw the attention of law enforcement that the need for action becomes clear.

In the past, courts were very hesitant to devote time and resources to addressing mental health concerns of defendants, instead opting for incarceration as a mechanism of protecting the public.  Unfortunately, incarceration most often serves only to exacerbate many mental health disorders, leaving the underlying conditions not to be remedied.  In this regard, the criminal justice system has been a failure.  In recent years, however, California courts have taken drastic steps to help treat underlying mental health issues without taking as harsh of a punitive approach as in the past.  Though the system is now inundated and overworked, dedicated people from the LA County Department of Mental Health are working hard to reform the overall system, while still making individual clients a priority, and working with individuals on a plan for treatment that will help to avoid recidivism.  As more resources become available, and as courts are more and more willing to permit criminal defendants with diagnosed mental health disorders to participate in treatment, this crisis is finally being addressed in productive ways.  Having an attorney who is experienced in handling such matters, and dedicated to assisting clients achieve treatment-based resolutions to their cases can be extremely helpful in avoiding convictions and/or incarceration in order to get the necessary treatment.

WHAT IS MENTAL HEALTH DIVERSION?
Criminal defendants California who suffer from mental health issues now have the benefit of pursuing Mental Health Diversion, which permits a defenant to avoid a criminal conviction by participating in a plan for mental health treatment instead. California Penal Code Section 1001.36 grants judges in California the authority to help criminal defendants with mental illness avoid a criminal record by instead working with mental health professionals to craft a long-term plan for avoiding future contact with the criminal justice system.  Mental Health Diversion applies to BOTH MISDEMEANOR AND FELONY CHARGES.

IF I AM CONVICTED OF A CRIME, CAN I DO MENTAL HEALTH TREATMENT IN LIEU OF JAIL/PRISON?
In the event that a judicial officer does not find a criminal defendant suitable for mental health diversion, mental health treatment may still be ordered as a condition of probation in lieu of incarceration.  Probation sentences are beneficial not only in that they avoid long periods of incarceration (which can pose especially problematic in mental health cases), but also generally permit the best post-conviction relief for clearing up a record.  This means that mental health treatment during probation is preferable to custody sentences both in the short term (defendant is not in jail/prison), but aso in the long run (defenant can reduce and expunge charges). 

WHAT IF MY MENTAL ILLNESS IS RELATED TO SUBSTANCE ABUSE/ADDICTION ISSUES?
Mental health treatment is not the only segment of the criminal justice system to experience significant reform.  Drug addiction and mental illness have both drawn the attention of progressive lawmakers in the state.  For drug crimes, treatment in lieu of convictions/jail have long been available, but now there is more effort to treat drug addiction in other kinds of cases where drug addiction (and mental illness) may have played a role.  Convincing judges that treating substance abuse issues will avoid recidivism is an arduous process, and requires careful evaluation, a strong commitment from defendants, and effective advocacy and investigation on the part of your criminal defense lawyer.

DO I HAVE TO DO MENTAL HEALTH TREATMENT?
Not all criminal defendants who suffer from mental health disorders wish to undergo mental health evaluations or treatment.  Adults are at liberty to steer clear of doctors, medications, etc., and our firm will respect those wishes.  Each case is carefully evaluated, not only for the best treatment options, but also for the best other defenses.  If a case can be dismissed on other grounds, or if prevailing at trial seems likely, the new mental health programs may not be appropriate.  Ultimately, the client will decide the direction of the case, and the constitutional rights of a defendant are hers alone to waive.

IF YOU OR A LOVED ONE SUFFERS FROM MENTAL HEALTH DISORDERS AND HAS BEEN CHARGED WITH A CRIME, IT IS IMPERATIVE THAT YOU HAVE STRONG, EXPERIENCED, AGGRESSIVE AND CARING REPRESENTATION ON YOUR SIDE.  DEFENDANTS WHOSE CRIMES MAY BE THE RESULT OF MENTAL HEALTH DISORDERS NEED PROPER EVALUATION, ADVOCACY, AND A TAILORED PLAN FOR SUCCESS.  OUR OFFICE HAS HANDLED NUMEROUS CLIENTS SUFFERING FROM MENTAL HEALTH DISORDERS, ADDICTION, AND MILITARY SERVICE-RELATED MENTAL HEALTH ISSUES, AND HAS CONSISTENTLY OBTAINED CLIENT-ORIENTED RESULTS, AIMING FOR LONG-TERM SUCCESS.  SOME OF OUR MENTAL HEALTH CLIENTS HAVE GONE ON TO AVOID CONVICTIONS, EARN COLLEGE AND POSTGRADUATE DEGREES, AND LEAD HEALTHY, CRIME-FREE LIVES.  CONTACT THE LAW OFFICES OF NICHOLAS LONCAR NOW FOR A FREE CONSULTATION AND TO DISCUSS THE DEFENSES IN YOUR CRIMINAL CASE, AND HOW A MODIFIED APPROACH TO DEALING WITH MENTAL HEALTH ISSUES CAN HELP YOU ACHIEVE THE BEST POSSIBLE OUTCOME IN MY CASE.  CALL NOW FOR A FREE CONSULTATION 213-375-3775

Mental Health issues can affect anyone.  Our modern lives are stressful and often traumatic.  Rather than labeling individuals "crazy" a societal trend of offering help and coping tools to each other is making a difference.  It is our hope that continuing to emphasize empathy and treatment, instead of punishment and incarceration, will help Los Angeles and the rest of the country thrive in its treatment of mental illness, resulting in a happier, safer, and saner population.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
Department of Mental Health (DMH)
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule

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