Fort Worth Criminal Mental Health Diversion Lawyer

Tarrant County Enhanced Mental Health Services Attorney Serving Texas

Courts are beginning to recognize the interplay between crime and mental health. People living with serious mental illnesses who are not receiving the treatment they need land in jail all too often. Tarrant County has developed a Mental Health Diversion Program to combat this societal issue and direct those whose mental impairment contributed to their offense towards treatment rather than the criminal justice system. When the program is successfully completed, the charges are dismissed, and the defendant is able to move forward with their life without a criminal record from the incident.

The Dameron Law Firm is happy to submit referrals to this program on behalf of our eligible clients. We believe in the value of rehabilitation over punishment. It can be unfair to hold a person with significant mental impairments to the same standard as those with no such impairments. Our lawyers combat this inequity by advocating for those with significant mental illnesses to be placed in this program.

Lawyers for Mental Health Diversion Eligibility

This pre-trial diversion program is not available to all defendants, or even all defendants with mental illnesses. The offender must have a significant mental impairment, so not every mental health condition will qualify. The impairment must be related to the charges at hand. Serious mental health conditions can impact a person's judgment and contribute to a wide variety of criminal behavior.

Many different charges may qualify for the program, including misdemeanors and felonies. Because there is no incarceration, and participants remain in the community, the program may exclude violent and serious offenders who may present a risk to the public from participating in the Mental Health Diversion Program. Each defendant is considered on a case-by-case basis, so there is room for an experienced attorney to argue in your favor. The Dameron Law Firm does everything we can to get those who are eligible accepted.

Legal Advocacy for Each Step in the Tarrant County Diversion Process

The process begins with a referral, which we are happy to make for clients. The prosecutor's office reviews each referral to make sure the criteria are met. You will meet with the program manager for a formal comprehensive mental health assessment, and if the prosecutor agrees that this program is right for you, you will be accepted to the program. A treatment process that meets your particular needs will be designed, and you will complete mental health care under court supervision.

During the program, you will attend monthly compliance hearings to ensure that you are going along with your treatment plan. Incentives and sanctions may be used to encourage full participation. However, you can be dismissed from the diversion program for failing to comply with your care plan. Dismissal for non-compliance is very likely to result in more traditional criminal penalties. If you are accused of violating the conditions of this program, The Dameron Law Firm will be there to advocate for you.

Lawyers for Dismissing Charges Through Mental Health Diversion

Treatment plans usually take around nine months to a year to complete, but in some cases, they can last up to two years. However, your case will be dismissed upon successful completion of the program, and you will be left without a criminal record. We want to see you succeed and live a law-abiding life after being treated for the mental impairment that led you to commit an offense.

Call an Arlington Mental Health Diversion Attorney

If you or a family member is struggling with a significant mental illness and have been charged with a crime, The Dameron Law Firm will advocate for placement in the mental health diversion program or determine whether other forms of pre-trial diversion may be available. Call us at 817-222-0624 or contact us online for a free consultation.