When a Court Ignores Mental Health Experts: How Siam v. Superior Court (People)Strengthens Mental Health Diversion Rights in California
When a Court Ignores Mental Health Experts: How Siam v. Superior Court (People) Strengthens Mental Health Diversion Rights in California California’s mental health diversion law, Penal Code section 1001.36, was created to give individuals with qualifying mental health conditions an opportunity for treatment instead of incarceration. The law reflects a clear legislative preference for rehabilitation over punishment when mental illness plays a role in criminal conduct. However, as the recent…
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Mental Health Diversion Can Be Available Even When Diagnosis Comes After the Crime
Mental Health Diversion Can Be Available Even When Diagnosis Comes After the Crime If you or a loved one is facing criminal charges in California and struggling with mental health issues, a recent appellate court decision could significantly impact your case. The ruling in People v. Harlow has clarified and expanded access to mental health diversion programs, potentially offering a path to treatment rather than incarceration for thousands of Californians.…
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New California Law Expands Diversion Programs for Veterans: A Major Update for 2025
New California Law Expands Diversion Programs for Veterans: A Major Update for 2025 In a significant move to support our veterans, California has expanded its military diversion program through SB 1025, effective January 1, 2025. This landmark legislation extends pretrial diversion eligibility to veterans charged with felonies, marking a substantial evolution in how our state's criminal justice system treats veterans who find themselves in legal trouble. Our skilled criminal defense…
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Who Qualifies for Mental Health Diversion?
Who Qualifies for Mental Health Diversion? Navigating the criminal justice system can be daunting, especially for individuals struggling with mental health issues. Fortunately, California offers mental health diversion programs aimed at providing support and rehabilitation instead of punishment. If you've been accused of a crime and are considering mental health diversion, this comprehensive guide will help you understand whether you qualify and how to take advantage of these programs. Our…
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People v. Braden: Applying for Mental Health Diversion
People v. Braden: Applying for Mental Health Diversion Mental health diversion is an alternative to criminal prosecution and incarceration, which allows certain defendants with mental health issues to receive care and treatment rather than jail time. In the case of People v. Braden, the court specified when defendants with qualifying mental disorders must request diversion. If you or your loved one needs help with petitioning for mental health diversion, call…
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People v. Watts: Prosecution Consent Not Required for Diversion
People v. Watts: Prosecution Consent Not Required for Diversion What Is Mental Health Diversion? In criminal law, a diversion is an alternative to criminal prosecution where a first-time, low-level offender is given a chance to participate in a rehabilitation program and subsequently have the charges against him dismissed. Mental health diversion, specifically, allows some defendants with mental health issues to receive care and treatment rather than jail time when they…
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AB3234 Provides Those Accused of Many Misdemeanors A New Diversion Option To Avoid Jail And A Criminal Record
AB3234 Provides Those Accused of Many Misdemeanors A New Diversion Option To Avoid Jail And A Criminal Record With the pandemic surging in numbers, coronavirus is still a concern in California prisons. The state’s justice system has implemented several protocols in response. One such response is the passing of AB 3234. Beginning January 1, 2021, California will now be able to take steps to ease overcrowding while expanding opportunities for…
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Pretrial Diversion Programs SB 394
Pretrial Diversion Programs SB 394 Existing Law Existing law allows individuals charged with a specified crime to qualify for a pretrial diversion program based upon various circumstances and qualifications, including mental health disorders, military service or drug addiction. Existing law generally requires, if the defendant performs satisfactorily in one of these diversion programs, that the court dismiss the defendant’s criminal charges and seal the record of arrest, as specified. SB…
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Diversion Programs
Diversion Programs A criminal conviction has far-reaching ramifications as it can impact your freedom, and your ability to earn a living, and can present a lingering burden in terms of future employment opportunities. Due to such serious consequences, anyone facing a criminal conviction must explore all available means of resolving their case, including pre-trial diversion. In the state of California, there are a variety of diversion programs that are often…
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