Mental Health Diversion

Facing a criminal case while also managing a mental health condition can feel overwhelming. Mental health diversion in California, under PC 1001.36, provides many individuals with the opportunity to participate in a treatment program first, with their case dismissed if they adhere to the plan. Our Mental Health Diversion Attorneys focus on helping clients use this path when the law allows, and we take pride in being clear and practical about what works and what does not. This article explains how mental health diversion works, who qualifies, and what to expect in court. It is educational only, not legal advice, and every case depends on its facts within the criminal justice system. If you have questions about your mental health issues or situation, talk with a Mental Health Diversion Attorney before making decisions. Mental health diversion is a pretrial program that pauses a criminal case| New Window so a person can enter mental health treatment. If the court approves diversion and you complete treatment, the charges are dismissed and the arrest is treated as if it never happened, with limited exceptions. The program can be inpatient, and it must fit your specific mental health needs. Courts across California use this law, and judges look at both your mental health treatment plan and the defendant’s prior criminal record when deciding whether to grant it.