Criminal Defense in Orange County
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Mental Health Diversion in Orange County

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Having a mental health issue can make your life challenging. Unfortunately, struggling with such issues can sometimes lead to criminal charges. But according to California Penal Code Section 1001.36, state courts can help defendants with mental illness obtain treatment through a diversion program as opposed to being penalized for their actions.

If you have been charged with a crime in Orange County, The Law Office of Barney B. Gibbs can review your case and determine whether you qualify for mental health diversion. With more than three decades of legal experience, our Anaheim criminal defense attorney has a thorough understanding of the criminal justice system to help you obtain the most favorable outcome.

Qualifications for Mental Health Diversion

When a person with mental health issues is accused of a misdemeanor or felony crime, the mental health diversion program in California enables him/her to get treated for their condition. Just like all “pretrial diversion” programs, once a defendant successfully completes the program, the charges they face will be dismissed and their criminal record will be sealed.

To be eligible for the program, you must meet all the following conditions:

  • You suffer from a mental health condition (pedophilia, borderline personality disorder, or antisocial personality disorder do not apply)
  • Your mental health issue contributed to the commission of the alleged crime
  • A qualified mental health expert approves of treatment
  • You consent to diversion and waive your rights to trial
  • You comply with treatment
  • The court rules you will not pose an unreasonable threat to society

The most common types of mental health conditions include schizophrenia, bipolar disorder, and post-traumatic stress disorder (PTSD). The court may refer you to a county mental health agency or any existing collaborative court if you cannot afford private treatment.

Ready to Help Today

Our Anaheim criminal defense lawyer knows how mental illnesses can contribute to the commission of criminal offenses. He can provide compassionate and personalized legal solutions to obtain the treatment required to get your life back on the right track.

For more information about our legal services in Orange County, contact us and schedule a free case review today.

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