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Ventura Mental Health Diversion Attorney
What Happens If You Break Your Diversion in California?
The justice system is slowly catching up to the science of psychology. More and more, society acknowledges that even when someone commits a crime, they may not be responsible for their actions. Imbalanced mental states have an enormous effect on our behavior, and having a breakdown can cause you to break the law.
Mental health diversions can benefit someone suffering from mental illness. The criminal charge is “diverted” to assistance programs. The system uses diversions to treat people, not punish them. Criminal charges are dismissed, and the arrest record is sealed. These diversions are requested before a trial even begins.
Mental health diversions are issued only under strict guidelines.
- The court must be convinced that a mental health issue played a direct role in criminal behavior. Many mental health problems qualify someone for a diversion, such as schizophrenia, bipolar disorder, and PTSD.
- Some disorders are ineligible. Acts that resulted from antisocial personality disorder, borderline personality disorder, or pedophilia cannot result in a mental health diversion.
- The illness must be verified by a mental health professional. Also, they must agree that the defendant would respond to treatment.
- The defendant must agree to the conditions of a diversion. By agreeing, they waive their right to a speedy trial. They must agree to treatment and be ready to show the court their attendance and progress.
- Finally, the court must believe that with treatment, the defendant will not pose a risk to public safety.
- If the conditions of the mental health diversions are not continually met at anytime their case will resume in court where they may convicted of their crime.
If you need help with a mental health diversion in Ventura, trust our attorney to help. You can call our office today at (805) 210-8555.
Working With You to Meet Your Needs
Our lawyer has built a reputation for his one-on-one, personal approach to defending his clients. He is there to listen to your needs and concerns, crafting your defense accordingly. If you or someone you love has been accused of a crime committed under mental distress, allow our Ventura attorney to help.
Scott Bentley will walk you through every step of his process. He will never expect you to simply trust him to do the job. He wants to educate you on exactly what he is doing and why, and he is sensitive to your concerns. You will not be pressured into a mental health diversion. Collaborating with him, you can both decide your best course of action. Our lawyer is here to serve you and do what is best for you, not to force you into something you don’t want.
Allow our Ventura attorney to help with your mental health diversion defense. Our number is (805) 210-8555, and you can contact us online.