Lapine Law — Criminal Defense Attorney

Can Mental Health Issues Affect The Outcome Of A Criminal Case?

PublishedJan 27, 2025
CategoryCriminal Defense
Reading Time4 min read

California has expanded the role of mental health in criminal proceedings significantly in the last decade.

Mental Health Diversion

PC 1001.36 allows pretrial diversion for defendants with qualifying mental health diagnoses. Successful completion results in dismissal and sealing of the arrest record.

Competency

If a defendant cannot understand the proceedings or assist counsel, the case is suspended under PC 1368 until competency is restored.

Sentencing Mitigation

Even without diversion, properly presented mental health evidence supports reduced sentences, alternative custody, and treatment-based dispositions.

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