Mental Health And Crimes

When criminal charges are filed against a family member who suffers from mental illness, you need immediate and aggressive representation. Matt Hirsch at Hirsch Criminal Defense is experienced with the unique and complex issues that arise for a family following an arrest. With care and compassion, he provides the personal touch necessary to protect the rights of their loved one.

Mental Health Challenges And Criminal Activity

Unique issues arise when criminal activity is suspected by someone suffering manic depression, schizophrenia, Asperger’s syndrome or a bipolar disorder. Criminal cases involving the mentally ill require an attorney who knows how to strategize with mental health professionals to structure a treatment plan that not only satisfies client’s needs but also satisfies the court that all involved are safe.

Because mental illness — not criminal intent — resulted in legal trouble, the law recognizes that a mentally ill person, under certain circumstances, cannot be held criminally responsible for a crime they have committed. Legal issues related to competency and criminal responsibility are a highly specialized area of the law. Attorney Matt Hirsch has a proven track record of success in managing a mentally ill client and their criminal case.

Read a real-life example of how mental health can intersect with committing a crime: Man charged with alleged gun threats in school in DeKalb County.

Mental Health And Crimes FAQs

If you have questions about mental health challenges and crime, the firm has provided answers below. 

What is mental health court in Atlanta?

Mental Health Court in Atlanta is a structured alternative to the standard criminal process, designed for cases where a condition played a role in the alleged offense. It shifts the focus toward treatment while still holding individuals accountable under strict court supervision.

The following elements define how these courts operate:

• Structured treatment plans: Participants must follow court-approved mental health treatment. This often includes therapy, medication management and ongoing evaluations. 
• Regular court monitoring: Individuals are required to appear in court frequently. These check-ins help ensure compliance and allow the court to track progress closely. 
• Strict program conditions: Rules must be followed at all times while in the program. Any violation can result in removal and a return to traditional prosecution. 

Remember, mental health court is not an easy way out. It is a controlled process where every step is reviewed and enforced.

Can mental illness reduce criminal charges in Georgia?

Yes, mental illness may influence how a case is handled, but it does not automatically reduce charges. Georgia courts require clear proof and take a careful approach before allowing it to affect the outcome.

Mental health can impact a case in the following ways:

• Challenging criminal intent: A condition may raise questions about whether intent existed. This can affect how the charges are evaluated.
• Influencing sentencing decisions: Judges may consider mental health during sentencing. This can lead to alternatives that include treatment-based conditions.
• Supporting legal defenses: Certain defenses rely on verified mental health conditions. These must be properly presented and supported by evidence.

Even when mental health is involved, the process remains strict. Working with a lawyer is essential to guide you through the process.

How do I qualify for mental health diversion in Fulton County?

Qualifying for diversion in Fulton County depends on specific legal and medical factors:

• Verified mental health diagnosis: A formal diagnosis must be established through evaluation. This confirms whether diversion is appropriate.
• Connection between condition and charge: The court looks for a clear link between the condition and the alleged conduct. Without that connection, approval is unlikely.
• Ability to follow program requirements: Participation requires strict compliance with treatment and court rules. Failure to meet these expectations can end the opportunity.

Diversion is a structured option, not a guarantee. 

A Commitment To Protecting Your Freedom And Future

If a loved one who suffers from a mental illness is facing serious criminal charges, attorney Hirsch can help. Schedule your initial consultation with an experienced criminal defense attorney by contacting the law office online or calling 404-919-7096.