Mental Health Diversion Under Penal Code 1001.26
What is a Mental Health Diversion?
Mental health diversion is explained under Penal Code 1001.36. In California, a defendant is able to receive treatment if they suffer from a mental disorder. Therefore, people refer to this as a 'pretrial diversion'.
What is a Pretrial Diversion?
A pretrial diversion postpones a defendant from taking further action on their case so that they may participate in a mental health treatment program. Thus, this allows the defendant to attend treatment and avoid jail time.
What Kind of Treatments Are Available Under a Mental Health Diversion?
The treatments that are available under the mental health diversion can be any of the following:
- Drug treatment;
- Therapy sessions; and/or
- Counseling
It is important to note that the judge must approve of the treatment plan the defendant wishes to receive prior to attending.
How Long Can Treatment Last?
The treatment the defendant seeks can last anywhere up to two (2) years, which can be conducted either as an outpatient or inpatient treatment.
What Happens After the Defendant Completes Their Treatment Plan?
If and when a defendant successfully completes their treatment, their criminal charges will be dismissed and will be as though the defendant had never been arrested to begin with. Furthermore, their record of the arrest will be sealed.
What Happens if the Defendant Fails to Complete Their Treatment Plan?
If the defendant fails to complete their treatment plan, the court will reinstate their criminal charges. In other words, the criminal charges pending before the defendant may not be dropped and the defendant’s case may proceed forward.
What Are Examples that Can Prevent a Defendant from Completing Their Treatment Plan?
Some examples of why a defendant may fail to complete a treatment plan include:
- Mental health experts tell the court that the defendant’s effort in the treatment plan is not satisfactory; or
- The defendant is charged with a crime that illustrates violent tendencies
What Defendants Qualify for Mental Health Diversion?
Defendants who qualify for mental health diversion must meet the following conditions:
- The defendant suffers from a mental health condition that is not pedophilia, borderline personality disorder, or antisocial personality disorder;
- Their mental disorder significantly influenced why authorities charged them with the violation.
- A mental health expert believes the defendant would respond to treatment;
- The defendant waives their right to a speedy trial;
- The defendant agrees to get treatment as a condition of the diversion program; and
- The court does not believe the defendant poses an unreasonable risk to public safety.
What Violations Are Ineligible for Mental Health Diversion?
The following list includes examples of violations ineligible for mental health diversion:
- Certain acts of terrorism
- Lewd acts involving children as per Penal Code 288
- Rape as per Penal Code 261; 261.5; or 262
- Voluntary manslaughter as per Penal Code 192(a)
- Murder as per Penal Code 187
Additional Aspects of a Mental Health Diversion Program
The Mental Health Diversion Program offers a unique opportunity to avoid criminal penalties. Instead, defendants undergo treatment. It is important to note, however, that the program has strict requirements and limitations.
The Role of Mental Health Professionals
Mental health professionals play a critical role in the mental health diversion process. Based on their evaluation, the court decides whether the defendant can participate in the program. Experts:
- Determine whether a mental illness exists
- Assess how effectively treatment can affect the defendant's behavior
It is important, however, that the expert's opinion confirms that treatment will be beneficial.
The Process of Monitoring and Compliance with the Treatment Program
After a defendant begins a mental health treatment program, the court and other agencies continue to monitor the defendant's condition. This includes:
- Regular reports on treatment progress
- The defendant's attendance at scheduled therapy sessions and other forms of treatment
If the treatment does not produce the expected results, the court may decide to reopen the criminal case.
Eligibility Requirements for the Mental Diversion Program
In order for a defendant to participate in the program, he or she must meet a number of conditions. It is necessary that the mental illness affect the defendant's behavior at the time of the offense. It is also important that the defendant agree to participate in treatment and waive the right to a speedy trial.
What Can Prevent Successful Completion of the Program?
There are times when a defendant may not complete the program. This can happen if the professionals feel that the defendant's efforts are not sufficient. In addition, if the defendant re-offends, the program may be terminated and the criminal case reopened.
Los Angeles Criminal Defense Attorney
If you or someone you know has been charged with a crime eligible for a mental health diversion, contact KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
Conclusion
A mental health diversion program offers a chance for rehabilitation rather than punishment. This can be vital for people suffering from mental illness. However, participation in the program requires responsibility and a willingness to comply with all conditions. It is important to remember that this opportunity is not available to everyone and requires a professional evaluation of the defendant's condition. If you or a loved one is facing charges and believe you may be eligible for the Mental Health Diversion Program, contact KAASS LAW. Our experts will evaluate all the circumstances of your case and help you determine the best course of action. Call 844-522-7752 for a free consultation. https://www.youtube.com/watch?v=eU04weKKtjA
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Being an accessory after the fact is illegal under Penal Code 32 PC. Its definition is knowingly harboring, concealing, or assisting a felon in order to keep them from being under the arrest. This is a crime that carries a maximum sentence of three years in state prison.
Who is an “Accessory After the Fact” Under Section 32 of the California Penal Code?
Under the legal regulations, accessory after the fact means the person who “harbored, concealed or aided" the person who committed the felony to assist him to escape punishment. As a result, the presence of the following factors must be present in order to understand when one can be guilty for committing this violation:
- A felony shall be committed- a person cannot be convicted in case of a misdemeanor
- The person knowingly should assist the individual who committed the crime
- The person should have the intention to protect the individual from punishment
- The assistance should be provided after the commitment of the fact
Examples of Assistance to the Perpetrator
Let’s examine the following situation. In case you hide me in your house after I come and announce that I killed my colleague and lie to the police the next day that you have not seen me, you shall violate Section 32 of the California Penal Code. Other violation will be if you hide the gun by which I shot my colleague. Thus, hiding and/or destroying evidence, concealing the criminal, providing a false alibi, or any other assistance, are examples of actions that an “accessory after the fact” can commit.
Difference Between Section 32 and Aiding or Abetting the Crime.
Aider or abettor of the crime is one who participates in the crime with the perpetrator. Let’s examine the following situation. You can aider/abettor of the crime if me and you made a pact to murder a third person and you gave me a ride and also gave me the instrument of the crime. The distinction is that you were aware of the crime and had a role to play in it. In the case of Section 32 you became aware of the murder after it had occurred and aided me afterward.
Can a Person Who Failed to Reveal the Crime Also be Considered an Accessory After the Fact?
Failure to reveal the crime generally means refusing to give any information about the crime. For example, in case you did not assist me the evening when I committed the crime of killing my colleague, and in the morning refused to tell anything about the crime to the police, this will not mean that you violated Section 32. Even if you were a witness of the crime and failed to speak about it this does not make you a perpetrator-you will be a mere bystander. Thus, while failing to provide any information has no negative implications, in order to be guilty, a person must knowingly help the criminal after the latter has violated the law.
Punishment for the Crime
A prosecutor has the option of charging the accessory after the fact with either a felony or a misdemeanor. Depending on the details of the case and the individual's criminal background. In both circumstances, the maximum penalties is $5,000. If the violation is a crime, you can spend up to three years in state prison. If you commit a misdemeanor, you can spend up to a year in a country jail.
Glendale Attorneys
In case you or your friend have been convicted for violation of the above mentioned legal regulations, then you may be entitled to compensation. Contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
Fortunately, to qualify as a criminal annoying communication, a phone call, text message, or other communication must be more than just annoying. It must use filthy language or make threats, or it must be part of a series of harassing phone calls. The bad news is that determining what form of vulgar language or threats might lead to criminal liability for irritating phone calls is not always easy. The courts in California are still attempting to figure this out as well. This means that it may be difficult for someone to know whether or not what they're doing is illegal.
Penal Code 653m PC- Are Annoying Calls Prohibited by Law?
Making annoying phone calls and communicating with people is prohibited by law. Let's examine what are the criteria to define that communication is annoying;
- calls and communication shall be made by the intent to annoy
- shall contain any obscene language, or threat to injure the person, his family member, or property
- repeated communication shall have the intent to annoy or harass
We can conclude that there are several types of criminally annoying communication under the law;
- communication with the use of ‘’obscene’’ language,
- communication which involves a threat to injure,
- annoying or harassing repeated communication.
Besides the above mentioned, the law also qualifies as criminal such actions as not reaching the recipient but leaving a message to call back. In this case, when the recipient calls back and the person uses obscene language or threats in the phone conversation, this will be qualified as a violation under section 653m.
How to Distinguish Between a Simple Joke and the Use of Obscene Language or Threatening?
The most important element to criminalize the action is the presence of intent. This means that the person using this language or threatening shall have an intent to annoy or harass the recipient of the communication. For example, in case 2 friends in their usual conversations use “obscene” language. They argue, and after that one of them calls and texts again using this language. The other friend cannot claim that the use of obscene language, which has always been a usual element in their conversations, had the intent to harass him. Let’s also examine another situation. In case me and you have a common best friend and once we make a joke of calling and threatening to kill her the dog, and after several days we tell her about this joke, this will not be qualified as annoying calls and violation of the relevant section, as, there is no intent to annoy or harass our best friend.
How to Distinguish Between Business Calls and Annoying Repeated Communication?
The answer is again- the intent. For example, if every week you receive a call from an insurance company offering their new health insurance package, you cannot sue them for making annoying calls as they do not have the intent to annoy or harass you. Calling potential customers is their usual course of business.
What are the Legal Consequences for Violation of the Section?
Violation of section 653m is considered a misdemeanor. The punishment for such violation can be a conviction of up to six months in a country jail or a penalty in the amount of up to 1000 dollars. The defendant may also be sentenced to misdemeanor probation. As defense tools, it is possible to claim that the intent of communication was not to annoy or harass the person. Moreover, it is also possible to claim that the language was not really "obscene". Don't forget that anyone has a right to freedom of speech by the Constitution. Thus, sometimes, qualification of the communication as having "obscene" language can violate the constitutional right of a person.
Glendale Attorneys
Contact our Glendale attorney today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
Carjacking is defined as seizing a motor vehicle from someone by force or fear, according to California Penal Code 215 PC. Using "force or fear" under this statute entails inflicting physical force or threatening to harm the victim. PC 215 can be charged if the victim is the driver or a passenger in the car, and they do not have to be the owner.
Is Carjacking Considered a Violent Crime in California?
In California, carjacking is considered a felony. If you are convicted of carjacking, you might face a sentence of three, five, or nine years in state prison, and you would have to serve 85 percent of your sentence. Furthermore, under California's Three Strike Laws, carjacking is a Strike offense as a serious and violent felony, and every following felony conviction would be doubled. Carjacking is considered a crime of moral turpitude, and anyone in the United States on temporary resident status, as well as anyone with a professional license, will face urgent deportation procedures. If you are convicted of this felony, the DMV will place severe restrictions on your license.
What Is The Penalty For a PC 215 Carjacking Conviction in California?
Penalties for PC 215 carjacking conviction in California carries a:
- Three (3), five (5), or nice (9) year sentence without enhancements, and/or
- Compensation to each victim and fines of up to $10,000.
Carjacking Penalty Enhancements
A carjacking conviction carries harsh penalties and enhancements, as well as a "strike" under California's three-strikes rule, which can be increased if the defendant:
- used a weapon;
- injured the victim; and/or
- committed the crime to aid street gang
Penal Code 186.22 Gang Enhancement
Under Penal Code 186.22 gang enhancement a defendant can be prosecuted under this section if they either participate in a gang while furthering a felony or carry out a crime for the benefit of a gang. As such, a 15 year to life enhancement can be applied if the theft was for the benefit of a criminal street gang.
Gun Enhancement Penal Code 12022.53
If a firearm was used during the commission of the carjacking 10 years can be added to the sentence. Although per SB620, such enhancement is left to the judge's discretion.
Other Penalty Enhancements
In the event, someone was harmed during the commission of the carjacking, three (3) to six (6) years may be added to a defendant's sentence. If a gun was discharged during the commission of the carjacking a 20-year sentence can be added.
What is the Carjacking Problem in California?
Since every vehicle theft is a severe issue for the owner, the stakes are significantly higher when the owner is still in the vehicle when the thief acts. Carjacking is defined as the act of depriving the owner of the vehicle while they are still in or near it. However, ejecting the owner is precisely the carjacking issue. Force, the fear of force, or some other form of duress or coercion is required to eject or resist the owner. Owners do not just hand over the keys to their vehicles to criminals. Carjacking is a separate felony in part because it violates the owner's safety and autonomy, as well as the potential of significant injury or worse.
Related Crimes
Other carjacking related crimes include:
- Grand Theft Auto Penal Code 487(d)(1) PC
- Joyriding under Vehicle Code 10851 VC
Los Angeles Criminal Defense Attorney
If you or a loved one has been charged with carjacking under Penal Code 215 PC, we invite you to contact our Los Angeles criminal defense attorney today for a free consultation.
