San Jose Mental Health Assistance Criminal Defense Lawyer

Attorney in Santa Clara County for Criminal Diversion Programs

At Fuller Law Firm, our compassionate team understands that millions of Americans—including many here in California—suffer from mental health disorders. Sometimes, untreated mental health conditions can contribute to poor decision-making, which could leave a person facing criminal charges. Fortunately, the law in California allows eligible criminal defendants with mental or psychological disorders to participate in a diversion program through which they can receive treatment instead of going to jail.

Attorney Cory Fuller and his team are acutely aware of the challenges that those with mental health conditions face, especially in the realm of criminal law. If you have been diagnosed with a mental health disorder and are facing criminal charges, we will work with you in exploring your options for getting the help you need.

Understanding Mental Health Diversion

The state's mental health diversion programs are governed by Section 1001.36 and 1001.82 of the California Penal Code, and they are considered Pre-Trial Diversion programs. Unlike other types of diversion programs, mental health diversion is available to defendants who have been charged with misdemeanors or felonies.

There are several requirements that must be met in order to qualify for mental health diversion, and the final decision on your participation is up to the judge presiding over your case. Our skilled criminal defense attorney will help you show that you meet all of the necessary requirements, including:

• You have been diagnosed with a psychological or mental health disorder, not including pedophilia, borderline personality disorder, or antisocial personality disorder;
• Your disorder must have played a significant role in the offense for which you are charged;
• An approved mental health professional must offer an opinion or testimony that you are a strong candidate for mental health or psychological treatment;
• You agree to the terms related to mental health diversion as listed in the Penal Code, including waiving your constitutional right to a speedy trial;
• You agree to follow the requirements of your treatment program as a condition of eligibility; and
• You are not an unreasonable danger to the community.

According to the applicable section of the Penal Code, a mental health diversion program cannot last for more than two years. If you are accepted into a program, and you successfully complete your treatment, the case against you will be dismissed without a conviction.

California Advocate for Those Who Need Help

There are no guarantees that you will be accepted into a mental health diversion program, even if you have a qualifying diagnosis. While the final decision is up to the judge, we will work with prosecutors, mental health professionals, and others to build a case designed to maximize your likelihood of success. Based on this input, along with the consideration of public interest, the judge will determine if you are eligible and decide what type of treatment that you must complete.

It is important to recognize that your eligibility for a program could be affected if you fail to make adequate progress during your treatment or if you are charged with another crime before you complete your treatment. A lawyer from Fuller Law Firm can help you understand how to proceed if you are in danger of being removed from a diversion program.

Call 408-234-7563 Today

For more information about our firm and how we can help you get the mental health assistance you need, contact our office. Call 408-234-7563 for a free consultation and case review today. We serve individuals and families in San Jose, Palo Alto, Gilroy, Fremont, Santa Clara County, Alameda County, and the surrounding areas.