Can a Mental Health Diversion Program Help Me?

 Posted on December 09, 2025 in Criminal Defense

Do you have a serious mental illness? Are you facing a criminal charge in Santa Clara County in 2026? Even a misdemeanor conviction can impact employment, housing, and professional licensing. It is so important to find a strong legal advocate who not only understands your actions but will fight for your rights. 

A skilled San Jose criminal defense lawyer can help a judge appreciate that you are more than just a criminal defendant who deserves punishment. You are a whole person with underlying issues who may be the ideal candidate for a mental health criminal diversion program.

What Is Mental Health Diversion in California?

Mental health diversion is a pretrial program that allows certain people accused of crimes to receive mental health treatment instead of going to trial. California Penal Code Section 1001.36 sets the framework for mental health diversion eligibility.

If you complete the required treatment program, your criminal charges will be dismissed and you will not have a conviction on your record. This means no jail time and no criminal record. You can move forward while addressing the mental health issues that contributed to your arrest.

Who Is Eligible for Mental Health Diversion in Santa Clara County?

You must have been diagnosed with at least one of the qualifying psychological or mental health disorders. Qualifying disorders include:

• Major depression

• Bipolar disorder

• Schizophrenia

• Schizoaffective disorder

• Post-traumatic stress disorder

• Anxiety disorders

• Borderline personality disorder

Antisocial personality disorder and pedophilia do not qualify. If you have a qualifying diagnosis plus an excluded condition, you may still be eligible. Your mental disorder must have been a significant factor in the crime you are charged with. 

A qualified mental health professional must give evidence that you would benefit from treatment. You cannot pose an unreasonable risk of danger to public safety. Mental health diversion may be available for both misdemeanor and felony charges, but certain serious offenses such as murder, voluntary manslaughter, rape, and crimes requiring sex offender registration are not allowed.

How Does the Mental Health Diversion Process Work in California?

Your criminal defense attorney will put together documentation of your mental health diagnosis with help from a licensed professional. This professional will analyze you and give a written report to the court. The prosecutor will review this information and may agree or object.

The judge will hold a hearing to determine your eligibility. If granted, criminal proceedings will be suspended while you participate in treatment with regular progress reports. If you successfully complete the program, the judge will dismiss your charges.

What Charges Qualify for Mental Health Diversion?

Common offenses that may qualify for mental health diversion programs in Santa Clara County include:

• Theft crimes

• Assault and battery

• Vandalism

• Trespassing

• Drug possession

• Driving under the influence

The most important thing a judge will want to know is whether your mental health condition significantly contributed to the criminal allegations.

What Happens If You Do Not Complete a Mental Health Diversion Program?

If you do not comply with program requirements, the court can terminate your participation and resume criminal proceedings. Your case will return to the normal process and you will face trial or plea negotiations on the original charges. Missing treatment appointments, refusing medication, or committing new crimes can all disqualify you.

Can a Criminal Defense Attorney Help You Get Into a Diversion Program?

A San Jose criminal defense attorney will be your most important ally. Your lawyer will find necessary documentation and expert evaluations, and work with qualified mental health professionals who can assess your condition.

Your lawyer will also advocate for you during the eligibility hearing. At the hearing, they will show evidence to the judge and respond to the prosecution's objections. Throughout the process, your attorney helps ensure you understand and follow all requirements.

Contact a San Jose Criminal Defense Lawyer with Mental Health Diversion Experience 

The compassionate, friendly legal team at Fuller Law Firm is standing by to advocate for you. If you are facing criminal charges in Santa Clara County and believe mental health diversion could help you, call a San Jose criminal defense attorney today at 408-234-7563 for a free consultation.