Mental Health Criminal Cases
When mental illness, behavioral health conditions, or developmental disabilities contribute to criminal charges, jail is rarely the answer. We advocate for treatment and diversion instead of punishment — for the person charged, and for the families pulled into these cases against their will.
When the Family Is Named as the Victim
Families tell us the same story again and again. They called law enforcement. They called the county's mobile crisis teams (CAT, PET, or PERT). They went to emergency rooms, psychiatric facilities, and mental health professionals, sometimes dozens of times, pleading for treatment for a son or daughter, a brother or sister, a parent, a friend. Each time, the system turned them away with the same answer: not sick enough, not dangerous enough, not yet.
Then the illness does what untreated illness does. A person in the grip of a psychiatric disorder acts on it, and the act is sometimes a crime: a threat, a shove, a broken window, a stolen car, a fire. More often than not, the target is someone close to them, a parent, a sibling, a spouse, a friend, because those are the people who are there. The family that begged for help is now listed in the police report as the victim.
Once a criminal case is filed and a family member is named as the victim, the case belongs to the prosecutor, not the family. A parent who called 911 to get their adult child hospitalized may find that the call became a criminal case instead, and that the prosecution moves forward whether or not the family wants it to. Some families do want charges filed, because it is the only way left to keep their loved one and others safe, or because a criminal case has become the only remaining door to court-ordered treatment. Others want nothing to do with prosecution and are told it is no longer their choice. Either way, the family has a voice in what happens next, and under the California Constitution, a right to use it.
When we represent families named as victims in these cases, our role is to make sure the prosecutor and the court hear, clearly and on the record, that this family sought care, not punishment, and to advocate for a resolution that reflects that. That may include:
- Communicating your treatment and safety concerns to law enforcement, prosecutors, and the court
- Providing the history of illness and refused treatment that no police report contains
- Advocating for diversion, a collaborative-court program, or treatment-focused conditions
- Explaining your rights as a victim, including what you can and cannot control
- Addressing protective orders, restitution, and safety planning in a way that supports treatment
- Preparing you for interviews, hearings, or testimony
You have the right to be heard: The decision to charge, dismiss, or resolve a case belongs to the prosecutor and the court, but the family is not a mere bystander in this process. Under Article I, Section 28 of the California Constitution (Marsy's Law), victims have an enforceable right to be treated with fairness and respect, to reasonable notice of every public proceeding, to confer with the prosecuting agency about the charges and any pretrial disposition, and to be heard at any proceeding involving release, plea, or sentencing. Those are not simple courtesies that the system may extend if it chooses. They are rights the family holds, and we will assert them at every stage and enforce them if they are ignored.
When We Represent the Person Charged
We also represent defendants whose mental health or behavioral health conditions contributed to the alleged offense. That work may include:
- Examining how the condition relates to the alleged conduct
- Obtaining and reviewing treatment and hospitalization records
- Developing treatment, release, and safety plans
- Identifying qualified experts, providers, and programs
- Seeking diversion or placement in a collaborative court
- Addressing competency concerns
- Preparing mitigation for negotiations or sentencing
Depending on the facts, options may include California Mental Health Diversion, developmental-disability diversion, Military Diversion, Orange County WIT Court, Veterans Treatment Court, or another community court program. Eligibility turns on the charges, the diagnosis, the connection between the condition and the conduct, the treatment available, public safety concerns, and each program's requirements.
Even when statutory diversion is unavailable, treatment planning, expert evaluation, and a well-supported release proposal can still shape how a case is resolved.
When We Consult and Collaborate as Part of the Defense Team
Because our legal expertise in mental health extends beyond criminal cases, other professionals — including previously-retained defense counsel — regularly ask us to consult and collaborate on complex matters involving mental health, behavioral health, substance use, and developmental disabilities. We bring to these engagements our experience in the criminal courts, mental health courts, and county behavioral health systems.
This work is not limited to cases that qualify for statutory diversion. In serious matters where diversion is unavailable, we help counsel locate treatment resources, build mitigation, and develop proposals that address the client's underlying needs.
Our role, whether consulting counsel or co-counsel on a criminal matter, is set by the needs of the case and defined in a written engagement agreement.
How We Assist the Team:
- Identifying qualified mental health experts, providers, and appropriate programs
- Evaluating inpatient, residential, outpatient, dual-diagnosis, and community-based options
- Developing treatment, release, and safety plans
Coordinating with providers, experts, and family members
Assessing diversion, collaborative court, and alternative disposition options
Assisting with mitigation, sentencing strategy, and competency-related concerns
Explaining how the mental health and behavioral health systems function in practice
How We Help
When mental illness, behavioral health conditions, substance use disorders, developmental disabilities, or related challenges contribute to criminal charges, we advocate for treatment and diversion rather than punishment alone.
In many of these cases, we represent the family members or friends who are named as victims. Often, they tried repeatedly to get their loved one into care before things escalated to the point of criminal charges. We make sure the prosecutor and the court hear that they sought help then and still seek it now, not punishment. We supply the history of illness that police reports typically leave out, enforce their rights under Marsy's Law (the California constitutional provision that guarantees crime victims the right to be heard), and advocate for outcomes that support both treatment and safety.
In other cases, we represent the loved one who has been criminally charged. We show how the mental illness or related condition contributed to the alleged conduct, gather treatment records, address competency, and build treatment and release plans. Where diversion or a collaborative court is available, we pursue it. Where it is not, we develop the mitigation evidence needed to argue for a treatment-based sentence. We also work with other defense attorneys who ask for our help as consultants or co-counsel, assisting them in finding qualified experts, identifying the public or private treatment option that fits the individual and will satisfy the court, and navigating county behavioral health systems.
An Important Limitation
We cannot represent both the person charged and a family member named as the victim in the same case. Doing so nearly always creates a conflict of interest under California's Rules of Professional Conduct—a conflict that cannot be cured even if everyone has a shared goal of treatment. For each case, we will discuss whether we are available to represent the family or the person charged, explain our reasoning, and help you understand the best option moving forward.
Timing and Availability
Criminal and diversion matters move on court deadlines, and the window for diversion can close early in a case. Reaching out sooner gives us more to work with. We accept representation only after a legal consultation in which we assess the circumstances, determine whether we can help, and confirm our availability.
Diversion statutes, collaborative court programs, and their eligibility rules change often. The information on this page is general, reflects the law at the time of writing, and is not a substitute for advice about your specific situation.
We're Here to Help
If someone you care about is at risk, or is facing charges connected to mental illness, behavioral health challenges, military service, or a developmental disability, reach out to Blumen & Tauro, Treatment Law℠. We'll listen and tell you whether we can help.