Santa Clara County Theft Attorney for Mental Health Diversion

Lawyer Assisting With Mental Health Diversion for People Charged With Theft in Santa Clara County

When a person has been charged with theft, shoplifting, or another property crime, they may face fines, probation, a jail sentence, and a permanent criminal record. In many cases, an undiagnosed or untreated mental health condition can play a direct role in the behavior that led to an arrest for theft. California law recognizes this reality and provides options for people who have been charged with crimes related to mental health concerns. Diversion programs can provide alternative solutions in these cases, ensuring that a person can receive treatment and allowing their charges to be dismissed without a conviction.

Theft cases are often treated by prosecutors and the public as matters involving dishonesty. In reality, the circumstances involved in these cases can be much more complicated. Because mental health conditions can contribute to theft-related behavior, a person who has been arrested for a property crime can take steps to address the issues that led to criminal charges while avoiding the long-term or permanent problems that may come with a criminal conviction.

Fuller Law Firm provides representation for people who have been charged with theft or related offenses, and our attorney can make sure mental health issues will be addressed correctly in these cases. He can advocate for solutions that will protect clients' rights while providing them with the help they need to address the underlying issues that led to criminal activity.

Mental Disorders Connected to Theft and Shoplifting

Kleptomania is one of the most widely recognized conditions associated with theft-related charges. This impulse control disorder involves an inability to resist the urge to take items. A person may commit theft even when they have no need for an item and no interest in the monetary value of what has been stolen.

A person with kleptomania may experience a building sense of tension before committing an act of theft, and they may feel relief after taking an item. These feelings can be so severe that a person may believe that committing theft is the only way to receive relief. Because kleptomania has nothing to do with financial motive, it is different from theft committed for profit. However, the same criminal charges may apply regardless of the reasons for theft.

Kleptomania is not the only mental health condition connected to theft. Bipolar disorder can lead a person to act impulsively, take risks, or make decisions they would not otherwise make, especially during manic episodes. A person may take items without any consideration of the consequences of their actions.

Depression, anxiety, and other mood disorders can also contribute to impulsive or self-destructive behavior, including theft, shoplifting, or other crimes involving money or property. Drug addiction may be another significant factor in certain theft cases, and a person struggling with substance abuse may resort to theft to ensure that they will be able to continue to have access to drugs. In these cases, a person could face charges related to theft, drug crimes, and other offenses, but receiving treatment for addictions and mental health disorders may be a much better solution than imposing criminal penalties.

Why Treatment May Be a Better Outcome Than Jail for People Facing Theft Charges

When a mental health condition is the driving force behind a theft charge, incarceration is unlikely to address the actual problem. A jail sentence will not treat kleptomania, stabilize a mood disorder, or resolve issues related to an addiction. In many cases, a person who serves time in jail and faces other penalties without receiving treatment for a disorder will return to the same behavior that led to criminal charges in the past. This can lead to additional criminal charges.

Treatment, by contrast, will target the root causes of a person's behavior. It can provide them with the tools they need to manage impulses to steal, regulate their mood, or overcome dependency on drugs. The benefits of this treatment can improve their life and minimize the possibility of future criminal charges.

Mental health treatment as an alternative to a conviction can also provide long-term benefits. A conviction for theft can affect a person's ability to find employment, particularly in any job that would involve cash handling, access to merchandise, or the use of property belonging to someone else. A criminal conviction can also affect housing applications, the ability to obtain a professional license, and a person's immigration status. Treatment will allow a person to address issues related to criminal activity, avoid harmful behavior in the future, and avoid long-term consequences.

How Diversion Programs Can Provide Treatment While Resolving Criminal Cases

Mental health diversion may be available in certain criminal cases, and it will allow charges to be dismissed once a person completes a treatment program. Depending on a person's diagnosis, they may receive therapy focused on impulse control or treatment for mood disorders, or they may participate in a substance abuse program. The court will put specific requirements in place, and once all of these requirements have been completed, the criminal case will be dismissed.

Advocating for Diversion in Theft Cases

Our lawyer will take steps to determine what mental health conditions may have led to a person's arrest and charges of theft. He can work with mental health providers to obtain documentation showing that a person has been diagnosed with a qualifying condition. He will provide evidence showing a connection between the diagnosis and the alleged offense and use this information to advocate for participation in a diversion program.

Due to his understanding of how courts in Santa Clara County evaluate cases involving mental health issues, our attorney can identify potential concerns that may arise in these situations. He will work to ensure that a client can get help with mental health issues, complete all treatment requirements, and resolve a criminal case without a conviction.

Contact Our Santa Clara County Theft Defense Lawyer for Mental Health Diversion

At Fuller Law Firm, our lawyer can help clients meet the proper legal requirements to qualify for diversion. He will make sure theft charges are addressed correctly, and he will advocate for solutions that will protect a client's rights and result in a full dismissal. Contact our Santa Clara County, CA theft charges diversion program attorney at 408-234-7563 to set up a free consultation.