April 16, 2025 By Paul Wallin

Mental Health Diversion in California: A Path to Recovery and Rehabilitation

The intersection of mental health and criminal justice has long been a challenging area in our legal system. However, California’s mental health diversion program is showing promising results in helping individuals get the treatment they need while avoiding the devastating impact of incarceration.

Our skilled criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our criminal defense attorneys near you. 

Understanding Mental Health Diversion

Mental health diversion offers eligible defendants an alternative to traditional criminal prosecution. Instead of facing jail time, qualified individuals can participate in a court-ordered treatment program. Upon successful completion, their charges may be dismissed and their record sealed, giving them a genuine second chance at life.

Who Qualifies for Mental Health Diversion?

To be eligible for mental health diversion, defendants must:

  • Have a diagnosed mental health condition
  • Show that their mental health condition played a significant role in the alleged offense
  • Be likely to respond to mental health treatment
  • Not pose an unreasonable risk to public safety
  • Be willing to comply with court-ordered treatment

Common qualifying conditions include:

  • Schizophrenia
  • Bipolar disorder
  • Major depression
  • Post-traumatic stress disorder (PTSD)
  • Certain substance use disorders

It’s important to note that not all charges qualify for diversion. Violent felonies and serious sex offenses are typically excluded, but many other felony and misdemeanor charges may be eligible.

Recent California court decisions have reinforced the importance of giving eligible defendants a meaningful opportunity for diversion. Courts are now required to consider the legislative intent of broadly applying mental health diversion when appropriate, focusing on rehabilitation rather than punishment.

The program has shown remarkable success in helping participants rebuild their lives. Many individuals who complete mental health diversion programs:

  • Maintain consistent mental health treatment
  • Successfully manage their medications
  • Rebuild relationships with family members
  • Achieve stability in their lives
  • Avoid future involvement with the criminal justice system

How Wallin & Klarich Can Help

At Wallin & Klarich, we understand the complexities of mental health diversion cases and are committed to helping eligible clients access this life-changing program. Our experienced criminal defense team can:

  1. Evaluate your case for mental health diversion eligibility
  2. Gather necessary medical documentation and evidence
  3. Present compelling arguments for your eligibility in court
  4. Connect you with appropriate mental health treatment providers
  5. Guide you through the entire diversion process
  6. Ensure your rights are protected throughout the proceedings

As awareness grows about the importance of mental health treatment in the criminal justice system, mental health diversion programs continue to evolve and improve. The success of these programs demonstrates that treatment-focused approaches can be more effective than traditional punitive measures in many cases.

Contact Wallin & Klarich Today  

If you are facing criminal charges, contact our aggressive criminal defense attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and avoid serving prison or jail sentences. We know the most effective strategies to argue for you, and we will do everything we can to help you achieve the best possible result in your case.

Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Also, our law firm can handle many types of criminal cases statewide.Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.

Paul Wallin

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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