Mental Health Diversion

Mental Health Diversion Attorney in Fresno, CA | Tiemann Defense

Tiemann Defense – Experienced Criminal Defense Attorneys Serving Fresno, Madera, Kings & Tulare Counties

Call Today: 559.481.4033 Office: 5150 N. Sixth Street, Ste 172-B, Fresno, CA 93710

Understanding Mental Health Diversion in California

If you or a loved one is facing felony or misdemeanor criminal charges and struggling with a mental health condition, mental health diversion under California Penal Code §1001.36 may provide a way to avoid a criminal conviction. At Tiemann Defense, our experienced criminal defense attorneys help clients in Fresno, Madera, Kings, and Tulare Counties pursue diversion programs that focus on treatment instead of punishment.

Mental health diversion allows eligible defendants to receive therapy and support services while pausing their criminal case. Upon successful completion, the charges can be dismissed, leaving the individual with no criminal conviction on their record.

Who Is Eligible for Mental Health Diversion?

To qualify for diversion under Penal Code 1001.36, a defendant must meet certain legal and clinical criteria. The court will consider:

1. A Diagnosed Mental Disorder: The defendant must have a qualifying mental health condition such as depression, bipolar disorder, PTSD, schizophrenia, or another DSM-recognized disorder.

2. Connection Between the Disorder and the Offense: The mental health condition must have played a significant role in the alleged criminal behavior.

3. Suitability for Treatment: A qualified mental health professional must find that the defendant would benefit from treatment and is not a threat to public safety.

4. Consent and Waiver: The defendant must agree to treatment and waive certain speedy trial rights while participating in diversion.

5. Availability of Treatment Programs: A structured and approved mental health treatment plan must be available, which can include inpatient or outpatient care, counseling, medication management, and community-based programs.

How the Mental Health Diversion Process Works

The court process for mental health diversion typically involves the following steps:

1. Assessment and Motion: Your defense attorney files a motion requesting diversion and provides evidence of a qualifying mental health condition.

2. Psychological Evaluation: A licensed clinician evaluates your condition and prepares a report for the court.

3. Court Hearing: The judge reviews the evidence, hears arguments, and determines whether you meet eligibility requirements.

4. Treatment Plan Approval: If granted, the court approves a treatment plan tailored to your mental health needs.

5. Program Participation: You complete the court-ordered program, typically lasting from six months to two years.

6. Dismissal of Charges: Upon successful completion, the felony or misdemeanor charges are dismissed and the arrest is deemed never to have occurred for most purposes.

Why Choose Tiemann Defense

At Tiemann Defense, we understand that mental health and the criminal justice system often intersect in complex ways. Our goal is to ensure that clients receive compassionate representation and access to treatment, not incarceration.

Our team is dedicated to:

· Carefully evaluating each client’s eligibility for diversion

· Coordinating with mental health professionals and treatment providers

· Presenting persuasive arguments in court to secure approval for diversion

· Supporting clients through every stage of treatment and court supervision

We proudly represent clients in Fresno, Madera, Kings, and Tulare Counties, providing aggressive and empathetic criminal defense for individuals facing misdemeanor or felony charges.

Contact Tiemann Defense Today

If you or a loved one has been charged with a felony or misdemeanor crime and suffers from a mental health condition, contact Tiemann Defense today to discuss whether mental health diversion may be an option. Early intervention can make all the difference in protecting your record and your future.

Call Now: 559.481.4033 Office: 5150 N. Sixth Street, Ste 172-B, Fresno, CA 93710 Serving: Fresno, Madera, Kings & Tulare Counties

Tiemann Defense – Protecting Rights. Pursuing Justice. Promoting Recovery.