If you are facing criminal charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
If someone with a mental illness is charged with a crime, they may be able to access mental health diversion programs. This means that their case can be handled outside of the traditional court system. To be eligible, the person who is accused must take responsibility for what they did and agree to get help.
The diversion program is typically available for individuals charged with less serious offences where there is a reasonable belief that a person is suffering from a mental disorder. Such offences include things like: theft, fraud, mischief, assault, obstructions, public intoxication.
Sometimes, even more serious offences like break and enter, assault of a police officer, or even various forms of domestic violence can be referred to the program.
A mental health diversion program usually holds the person to a treatment plan made by mental health experts. Regular counselling sessions, managing medications, and check-ins with a case worker could all be part of the plan.
This plan needs to be approved by the Crown prosecutor and the judge. If the person finishes all the tasks in their diversion program, the criminal charges against them may be dropped or put on hold. Learn more about how to avoid a criminal record.
This method understands that mental health problems can sometimes lead to criminal behaviour and that treatment can be more helpful than punishment. In some cases, the Alternative Measures Program may also be considered.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of criminal offences beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact us today by calling (647) 986-8077. Or book a free consultation online.
Key Takeaways
- Mental health diversion helps people with mental health problems who are charged with crimes access treatment instead of going to jail.
- Anyone in Canada can apply for these programs, but the rules and requirements for who can apply and how to do so are different in each province and territory.
- You can use mental health diversion for a lot of different crimes. From minor offences, like petty theft, or causing a disturbance, to more serious crimes where mental illness was a big part of what happened.
- When you are in mental health diversion, you usually have to follow the rules of your release conditions.
- If you successfully complete mental health diversion, the charges against you are usually dropped or put on hold.
How can a Mental Health Diversion lawyer in Toronto help?
A Strategic Criminal Defence lawyer can help you navigate the mental health diversion system.
Before charges are brought, we can give advice and even set up voluntary mental health evaluations that might convince the police or the Crown to go with diversion right away instead of going through with the charges.
We sometimes hire psychiatrists or psychologists as expert witnesses to talk about how your mental health condition is related to the crime you are accused of. Our lawyers know exactly what forms to fill out, what programs to apply for, and how to support a treatment plan that the Crown can agree to.
We’ll make sure you know what’s going on at each one and fight for fair conditions that help you get better while also protecting your legal rights.
Benefits of Mental Health Diversion Programs
Mental health diversion programs help people with mental health problems who break the law go through the justice system to help them access treatment, rather than only punishment.
These accused don’t have to worry about getting a criminal record. If someone completes a diversion program, the charges against them are usually dropped or put on hold. This avoids a lot of the problems that come with having a criminal record, like not being able to get a job, find a place to live, or go to other countries.
