Ventura Mental Health Attorneys

Our Mental Health Legal Services

Our legal team has handled cases involving numerous areas of mental health law. Different circumstances can call for various types of legal strategies. Our number one goal is to protect the rights of our clients.

Our Ventura mental health attorneys can assist you with:

• Mental Health Court: If a person with a mental illness becomes involved in a legal matter, they will likely at some point need to interact with the Ventura County District Attorney’s office and the Superior Court of Los Angeles. We are familiar with how to handle procedural matters with these entities and can help ensure your qualifying case is heard in mental health court. Our team also understands the important differences in how mental health courts operate and is prepared to effectively defend you.
• Treatment versus Jail: We strongly believe that prison time is not the appropriate consequence for offenders battling serious mental health conditions. Our legal team has a strong understanding of how to argue why you should receive targeted, compassionate treatment instead of ineffective jail time when sentenced for a criminal conviction.
• Mental Health Diversion: California law allows some individuals struggling with serious mental health conditions that have been accused of criminal offenses to apply for Mental Health Diversion, a program that replaces traditional incarceration with a court-approved treatment plan. We can help argue your eligibility and negotiate fair treatment that will put you on the road to recovery.
• Restoration of Sanity: When you are found unfit to stand trial for a criminal offense and plead not guilty by insanity, you will most likely be placed in a treatment center to pursue rehabilitation. If treatment and counseling are successful in addressing your symptoms, there may come a time where you are ready to rejoin society before your original sentence has been completed. We can advocate for you in a restoration of sanity hearing in an effort to modify your civil commitment and help begin your transition back into the community.
• 5250 Hearings: If law enforcement misunderstands symptoms of your mental illness and believes you could hurt yourself or others, they are permitted to detain you for up to 72 hours in a 5150 hearing. A treatment facility could decide to involuntarily hold you for even longer in a 5250 hearing, at which point you have rights you can exercise to secure your freedom. We can represent you in a 5250 hearing, in which you will need to convince a neutral party that you are not a danger to yourself or others and thus no longer need to be detained.

Understanding the Mental Health Court System

Since founding its first mental health court in 1999, the state of California has introduced several additional courts, including several in and around Los Angeles.

The felony/misdemeanor unit of the Ventura County District Attorney’s Office manages mental health cases. The Ventura court system facilitates the review and drafting of any petitions involved in mandating treatment at designated state hospitals for persons with mental health conditions.

The county’s court also manages Murphy Conservatorships where necessary. This special class of conservatorship is intended for defendants who have been deemed mentally unfit to stand trial and potentially dangerous to those around them should they appear in court. The conservator in a Murphy Conservatorship, as handled by the court, stands in for the defendant during these proceedings.

The Superior Court of Los Angeles, also known as Department 95, manages legal issues involving mental health in conjunction with criminal offenses. If the defendant’s residence is in or in relative proximity to Los Angeles, they and their legal representation will likely interact with Department 95 at some point during the legal process. The Department’s Supervisor for Mental Health conducts sanity hearings and oversees other matters involving offenders with mental disorders.

Persons seeking alternative judicial relief through a mental health court will need a petition from these offices. Our Ventura mental health court attorneys have ample experience navigating the relevant offices and systems and can work to efficiently get your petition instated or renewed.

Differences Between Mental Health Court and Other Courts

The goal of mental health courts is to make sure individuals dealing with debilitating mental conditions get fair and just treatment under the law. They also seek to aid offenders in their recovery by potentially avoiding standard, punitive instruments of the criminal justice system. However, mental health courts do operate somewhat differently from other types of courts where criminal charges are handled.

A defendant must consent to their participation in a mental health court. If their condition precludes them from affirming their approval, a conservatorship can sometimes be sought. Some mental health conditions will result in erratic behavior, in which case legal representation with experience handling these matters can be essential to pursuing a favorable outcome.

Unlike a traditional trial, many cases heard in mental health court will not typically result in guilty versus not guilty pleas. Instead, your counsel will likely recommend a plea of “not guilty by insanity” or a negotiated deal that includes a pledge to seek treatment versus jail.

Treatment vs Jail in Ventura County

Traditional, punitive sentences have historically shown to be ineffectual in the rehabilitation of criminal offenders struggling with serious mental health conditions. Defendants who have been ruled mentally insane or otherwise incapable of a standard trial can instead have their cases adjudicated in mental health courts.

A trial in mental health court will focus on demonstrating that the defendant’s mental illness is the primary cause of the criminal offense being adjudicated. Therefore, treating the mental health condition will more effectively rehabilitate the defendant and prevent future offenses, benefitting both them and the community.

The process in which mental health court cases are heard and litigated differs substantially from other criminal trials you may be more familiar with. Persons struggling with mental illness may require a far more robust and tailored type of legal defense.

How We Argue for Treatment over Jail

In a typical criminal defense scenario, legal counsel will generally have their client plead “not guilty” and vigorously argue their innocence based on the facts and substance of the case. Should they still receive an unfavorable verdict, sentencing typically involves some combination of jail time, fines, and community service, the scope of which is determined by the severity of the offense and any limitations codified by local statutes.

In many cases, minimum sentencing requirements make some level of prison time unavoidable. This can lead to the unfortunate scenario where an individual battling mental illness is incarcerated, exacerbating their condition and preventing any meaningful recovery or rehabilitation.

In order to avoid the possibility of jail time and instead champion rehabilitation treatment, we can petition that an eligible person be tried in mental health court. This will require the defendant to take part in a sanity hearing, which, if successful, will lead to a modified trial.

Understanding California’s Mental Health Diversion Program

When an individual struggling with mental health issues is charged with a crime in the state of California, they have an opportunity for relief through the state’s Mental Health Diversion program. Introduced in 2018, judges in the California court system now have the ability to mandate treatment and counseling to those suffering mental health conditions in lieu of jail time or other traditional punitive measures.

The Mental Health Diversion program seeks to acknowledge that conventional punitive consequences to crimes will not be effective in rehabilitating individuals suffering from mental health problems. Consequently, it forgoes incarceration and instead aims to treat defendants through counseling and targeted treatment programs tailored to their needs.

Mental Health Diversion can be requested at any point before a defendant is sentenced. If the defendant is found unfit to stand trial due to mental incompetence, Mental Health Diversion can be considered as an alternative.

Benefits of California’s Mental Health Diversion Program

If approved for the Mental Health Diversion program, any further action in a trial will be suspended and postponed pending the successful completion of court-ordered treatment.

Should the treatment be successfully completed, the defendant’s arrest record will be sealed, better positioning them on a road to recovery. Outstanding charges will also be dismissed.

Avoiding conventional means of criminal rehabilitation can represent a boon to individuals struggling with mental health and their families. It extends them a lifeline to get them the help they need versus potentially exacerbating mental health issues through incarceration and limiting future opportunities with a restrictive criminal record.

Qualifying for California’s Mental Health Diversion Program

Not everyone will necessarily qualify for the benefits of Mental Health Diversion. Defendants will have to prove their eligibility by simultaneously meeting several conditions.

• The defendant must demonstrate they suffer from a qualifying mental condition. A condition is typically considered eligible if it is listed in the Diagnostic and Statistical Manual for Mental Disorders (DSM). Many common and serious mental health conditions, including post-traumatic stress disorder (PTSD), schizophrenia, and bipolar disorder qualify. Exclusions include pedophilia, antisocial personality disorder, and borderline personality disorder.
• The defendant must prove their claim through a diagnosis from a qualified medical professional. The court will not simply accept a defendant’s claim they have a qualifying condition.
• The court must agree that the mental health condition of the defendant significantly contributed to the crime. Consequently, any symptomatic behavior observed at the time of the arrest will likely become extremely important. A judge might also interview the arresting officer, any relevant witnesses, and other medical records.
• A healthcare professional must decide that the defendant’s condition would respond to treatment mandated by the Mental Health Diversion program. Specifically, the symptoms that led to the crime must be able to be treated. Judges will rely on the opinion of medical experts when evaluating this point.
• The defendant must voluntarily forgo their right to a trial because pursuing care under Mental Health Diversion is done in lieu of a trial. The only exception occurs when a defendant is not mentally capable of relinquishing their rights but is otherwise a good candidate for the program. In these situations, a judge can approve Mental Health Diversion without the defendant’s explicit consent.
• The defendant must agree to faithfully undergo the treatment recommended by the court as a result of diversion. Again, this provision can potentially be circumvented if the defendant is not mentally capable of responding.
• Finally, the court must decide the defendant will not pose a significant risk to the public if treated under Mental Health Diversion. Judges will consider the opinions of the defendant’s legal team, the district attorney, and healthcare professionals. They will also consider any previous criminal history, particularly any violent crimes. Defendants charged with violent felonies tend to be found ineligible for Diversion.

If a defendant is found to be in compliance with each of these eligibility requirements, they may be permitted to pursue Diversion instead of proceeding with a traditional criminal trial. These factors will be evaluated at “eligibility” and “suitability” hearings. Our Ventura Mental Health Diversion attorneys can represent you or your loved one and vigorously argue their case.

The Treatment Process of Mental Health Diversion

If a defendant is found eligible for the Mental Health Diversion program, a treatment plan will need to be proposed to the court. This should be done in conjunction with the defendant’s healthcare team and any other relevant mental health experts.

A proposed treatment plan under Mental Health Diversion can last up to 2 years in duration. It can consist of inpatient or outpatient care but should specifically aim to treat the symptoms that led to the current charges in addition to the long-term recovery of the defendant.

The judge presiding over the case will have substantial discretion in approving a proposed treatment plan. They will consider both the arguments of the defendant and the prosecution.

Once a treatment plan has been approved and has begun, the court will require regular updates. The facilitator of the defendant’s treatment will generally be responsible for providing these progress reports. The prosecution will also be entitled to any update on the defendant’s treatment.

If the defendant is charged with a new felony or a misdemeanor signaling potential future violence, the treatment plan will halt, and a new hearing will be held. Diversion can also be disrupted if the medical team providing the treatment feels the plan is ineffectual or that the defendant’s condition has worsened to the point where he has become disabled.

A new hearing will involve deciding whether the treatment plan should be modified or if criminal charges should be pursued. In situations where the defendant has become disabled, a judge might recommend a conservatorship process be initiated.

Completing Treatment under Mental Health Diversion

A defendant has completed their treatment when conditions of the court-approved plan have been met. This typically includes a sign-off from the healthcare professionals who facilitated the treatment and an indication that the defendant will continue to address their mental health condition going forward. The defendant will also need to have not committed any additional crimes, regardless of whether they stemmed from their mental health problems.

Should the judge agree that the treatment plan was successfully completed and are satisfied with the progress of the defendant, the relevant charges will be immediately dismissed. The original arrest record that led to those charges will also be sealed.

Why You Need Lessem, Newstat & Tooson LLP

Our goal at Lessem, Newstat & Tooson LLP is to safeguard the rights of criminally accused individuals who suffer from mental health conditions. These cases can be extraordinarily complex and involve a strong understanding of the state’s laws and procedures for seeking mental health-related relief.

Our Ventura mental health court lawyers have substantial experience handling these types of cases and will fight to get you the favorable outcome that will help lead to your recovery. We understand the stress these types of cases often spreads to the defendant’s family, which is why we offer access to our legal team 24/7.