Why You Need a Mental Health Diversion Attorney

California Criminal Defense Lawyer

Sacramento · San Francisco · San Jose · Los Angeles

What Is Criminal Diversion for Mental Health in California?

Oftentimes in California, the cause of criminal behavior is untreated mental illness.

Imprisoning people who need help only harms them and hurts their families. In the end, this punishment doesn’t prevent them from recommitting the same crime.

In 2018, California responded to this problem with Penal Code § 1001.36. Known as mental health diversion, this program helps people with mental health disorders get treatment, not time in prison.

Qualifying for this program isn’t easy. But with the right mental health lawyer on your side, the court can be convinced to give your family member the treatment he or she has needed all along. This can be life-changing for them and a relief for you, who have helplessly witnessed their struggles from the sidelines.

If your family member has been arrested and suffers from a mental illness, getting an expert mental health diversion attorney can be the difference between a prison sentence and a fresh start.

The criminal diversion attorneys at The Rosenfeld Law Firm have successfully gotten mental health diversion for clients in Sacramento, San Francisco, San Diego, Los Angeles, and several other California counties. Don’t wait to get the help you need. Contact us to request a consultation with one of our mental health lawyers.

How Criminal Diversion Works in California

California Penal Code 1001.36 helps people with a mental illness to get criminal charges dismissed. If they successfully complete their court-ordered mental health treatment program, their record will be sealed.

How the Right Mental Health Diversion Lawyer
Can Help You Avoid Jail and Get Treatment

When your options are either a treatment program or prison sentence, you want to get it right the first time. Securing a judge to grant mental health diversion is a complex process. Simply having a mental illness isn’t enough to qualify.

It’s important to have a mental health lawyer who’s an expert in diversion and has experience using PC 1001.36.

Like in any criminal case, your mental health diversion lawyer needs to prepare a good defense. Your attorney must convince the judge that mental health diversion is the right choice in your case. This means having a strong understanding not just of criminal law but also mental health.

Kenneth Rosenfeld is a seasoned California mental health diversion attorney. He knows both the law and the latest developments in mental health programs. Thanks to his expertise as a mental health lawyer, California courts in the following counties have granted diversion in numerous cases:

• • San Francisco County
  • San Diego County
  • Sacramento County
  • El Dorado County
  • Monterey County
  • and more

The mental health diversion attorneys at The Rosenfeld Law Firm understand how to defend California clients with mental health issues.

Request a consultation with a mental health lawyer.

How Do I Qualify for a California Mental Health Diversion Program?

It’s not just a matter of proving you suffer from a mental health disorder. Persuading the court that you are a good candidate for a treatment program and that diversion is a better choice than jail time takes knowledge, effort, and skill.

The legal process for diversion is complex. There are a number of ways that things can go wrong. A good mental health lawyer understands the pitfalls and works hard to avoid them.

Below are some of the ways an expert mental health diversion attorney guides you through the complex diversion process:

• Initial Evaluation – Your attorney will examine the criminal charges against you and the nature/severity of your mental health condition to assess your eligibility for mental health diversion
• Mental Health Diagnosis – Your lawyer will connect you with a mental health expert to evaluate you and write a strong, evidence-based report
• Gather Evidence – A good mental health diversion attorney will gather all supporting documentation to support your case
• Discuss Options – After reviewing your mental health evaluation with you, your attorney will go over your options with you
• Compile Arguments – Using evidence and your diagnosis, your lawyer will put together strong arguments to show you’re suitable for diversion
• Write and File a Motion to the Court – Using all evidence, documents, and arguments, your attorney will write a detailed motion to the court requesting diversion
• Navigate the Legal Process – A good criminal diversion attorney will work hard every step of the way:
  • Presenting your case to the court
  • Managing negotiations with prosecutors
  • Dealing with probation
  • Working with all mental health professionals
• Get You the Right Treatment Program – Your expert mental health lawyer will work to get you a treatment program that meets your needs. He or she can answer any questions or concerns you have about your program’s terms or consequences
• Handle Appeals – If the judge denies you mental health diversion, your criminal diversion attorney can appeal the decision and fight it

California Mental Health Diversion Attorneys Who Get Results

The Rosenfeld Law Firm has a proven track record for using Penal Code Section 1001.36 to get misdemeanor and felony diversion programs, not criminal punishment, for mental health clients throughout California. Even for serious crimes that could have resulted in life in prison, clients spent not even one day behind bars. The following is a partial list of cases in which mental health diversion was achieved:

Finding a Mental Health Diversion Attorney in California

If you or a loved one living in Sacramento, San Diego, San Francisco, or another California county have been arrested for a crime and suffer from a mental health disorder, don’t wait. Contact the mental health diversion experts at The Rosenfeld Law Firm to discuss your case. Our experienced attorneys are skilled in helping people with mental health disorders avoid prison and get the treatment they need. Please contact us online or call the office directly: (916- 447-2070.