Mental Health Diversion
Protecting the Law for 27+ Years
If you are charged with a Felony that is due at least in part to a diagnosed mental illness, you may be eligible for Mental Health Diversion for a period of two years. Exceptions include domestic violence charges and sex cases requiring Penal Code Section 290 registration.
This means that without pleading guilty or otherwise admitting guilt, you are diverted out of prosecution and the case ultimately dismissed with no finding of guilt or plea of no contest.
The workup for these Motions is extensive, generally requiring at least the gathering of psychiatric records, an interview and report with a psychologist or psychiatrist and often the Motion for Mental Health Diversion is opposed by the prosecution.
If granted Mental Health Diversion by the Court there are frequent, initially monthly court hearings to review your progress in treatment. Mental Health Diversion and the dismissal after following the terms of your Diversion is a very good mechanism to have serious felony charges dismissed short of trial.
This means that without pleading guilty or otherwise admitting guilt, you are diverted out of prosecution and the case ultimately dismissed with no finding of guilt or plea of no contest.
The workup for these Motions is extensive, generally requiring at least the gathering of psychiatric records, an interview and report with a psychologist or psychiatrist and often the Motion for Mental Health Diversion is opposed by the prosecution.
If granted Mental Health Diversion by the Court there are frequent, initially monthly court hearings to review your progress in treatment. Mental Health Diversion and the dismissal after following the terms of your Diversion is a very good mechanism to have serious felony charges dismissed short of trial.
