Get a Complimentary Case Evaluation
Call (831) 373-3151 or (831) 475-3151 to schedule a telephone consultation.

What is Mental Health Diversion?

In California, the Legislature has determined that if a person was suffering from a mental health condition at the time of the alleged crime, they may be eligible to stop or stay in the criminal case and receive treatment for that mental health condition instead of being convicted of a 
crime.

The rationale is that healthy people do not commit crime.  

We as a State want people to get help.  If Mental Health Diversion is successfully completed the case is dismissed as if it did not happen.  The record of the arrest is sealed and destroyed.  See Penal Code section 1001.36.(h).

Am I Eligible for Mental Health Diversion?

Mental Health Diversion is available for people who have been diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including but not limited to bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder but excluding antisocial personality disorder and pedophilia.

Often people commit crimes and there is no reasonable explanation for why they behave in such a manner.  It is only after an arrest is made that mental health issues get the attention needed.

At the Law Offices of John R. Coniglio, we have handled many cases where otherwise good people get entangled with the criminal justice system because of a mental health issue.  If you or a loved one finds yourself in that situation it is best to have your case evaluated by an expert in mental health.

At the Law Offices of John R. Coniglio, we have access to some of the most respected mental health evaluators in California.  They can evaluate the situation, make a diagnosis, and help develop a treatment plan that may be approved by the court ultimately resulting in a dismissal of the criminal case.

How Long is the Process?

If diversion is granted for a felony, it can be longer than two (2) years.  If diversion is granted for a misdemeanor can be no longer than one (1) year.  There are usually quarterly reviews, and the court usually needs an update from the mental health professionals that you have been faithfully attending treatment and fulfilling the terms of the treatment plan.

Call the Law Offices of John R. Coniglio at 1-831-373-3151 now or contact us <Here> to see if your case can qualify for Mental Health Diversion.

We are available 24/7 to assist you or your loved ones.

*DISCLAIMER: These materials were written by John R. Coniglio, Esq., for information only. This information is not legal advice. It is not intended to create and is not an attorney-client relationship. Do not take action based upon this information unless you consult with an attorney. In addition, this material may not be current.