When a loved one is facing criminal charges, it’s an overwhelming and emotional experience for any family. The situation becomes even more complex when mental health is involved. At Lessem, Newstat & Tooson, LLP, we understand the unique challenges this can bring, and we’re here to guide you through what to expect and how to navigate this difficult time with compassion and clarity.
The Intersection of Criminal Charges and Mental Illness
Mental illness can profoundly impact a person’s behavior, decision-making, and ability to understand the consequences of their actions. When these factors lead to criminal charges, families often find themselves grappling with a mix of legal proceedings and mental health concerns. Conditions such as depression, bipolar disorder, schizophrenia, or severe anxiety might contribute to the circumstances surrounding an arrest, leaving you wondering how the legal system will address both the crime and your loved one’s well-being.
The reality is that the criminal justice system isn’t always equipped to handle mental health issues with the sensitivity they require. This is where experienced legal representation, like the team at Lessem, Newstat & Tooson, LLP, can make a difference—advocating for solutions that consider your loved one’s mental health needs alongside the charges they face.
What to Expect During The Legal Process
If your loved one has been arrested, the legal journey will likely follow these steps, though mental illness can add layers of complexity:
- Arrest and Booking: After an arrest, your loved one will be taken into custody and processed. If their mental health condition is apparent, it’s critical to inform law enforcement and request medical attention if needed. Early communication can set the stage for how their case is handled.
- Initial Court Appearance: At the arraignment, charges are formally presented, and bail may be set. Mental health issues might influence bail decisions or lead to requests for a competency evaluation to determine if your loved one is fit to stand trial.
- Competency and Mental Health Evaluations: If there’s evidence that mental illness affected their actions or understanding, the court may order a psychological assessment. This step evaluates whether they can comprehend the charges and assist in their defense. If found incompetent, the focus may shift to treatment rather than immediate prosecution.
- Navigating the Case: Depending on the outcome of evaluations, options like mental health diversion programs, plea deals, or alternative sentencing might be explored. A skilled attorney can argue for outcomes that prioritize rehabilitation over punishment, when appropriate.
- Trial or Resolution: If the case proceeds to trial, mental illness could be a key factor in the defense strategy, potentially reducing culpability or influencing sentencing. Throughout this process, Lessem, Newstat & Tooson, LLP works tirelessly to ensure your loved one’s rights are protected.
Emotional and Practical Challenges for Families
Beyond the courtroom, families often face their own struggles:
- Emotional Toll: Feelings of guilt, fear, or helplessness are common. You may worry about your loved one’s safety in custody or their ability to cope with the legal process.
- Stigma: The combination of criminal charges and mental illness can carry a heavy social stigma, making it hard to seek support from friends or the community.
- Logistics: Managing visits, coordinating with mental health providers, and staying informed about the case can feel like a full-time job.
How to Support Your Loved One
Supporting a loved one in this situation requires a balance of practical action and emotional resilience.
Here are detailed steps you can take to make a meaningful difference:
- Seek Legal Guidance Early: Contact an attorney with expertise in both criminal defense and mental health law as soon as possible. At Lessem, Newstat & Tooson, LLP, our team can review police reports, assess the role of mental illness in the incident, and push for options like mental health diversion under California Penal Code Section 1001.36, which allows some defendants to receive treatment instead of jail time. Early intervention can shape the case’s trajectory.
- Gather Documentation: Collect concrete evidence of your loved one’s mental health history. This might include medical records from a psychiatrist showing a diagnosis of schizophrenia, therapy notes detailing a pattern of anxiety-related impulsivity, or a prescription list for medications like lithium or SSRIs. If they’ve been hospitalized—like a 5150 involuntary hold in California—those records can demonstrate the severity of their condition. Provide these to your attorney to build a case for leniency or treatment-focused outcomes.
- Be an Advocate: Act as a bridge between your loved one, their legal team, and the court. For example, if they’re in custody and not receiving their prescribed medication (e.g., antipsychotics), notify their attorney immediately—jails must provide basic medical care under federal law, but lapses happen. If they’re too unwell to communicate effectively, share specific examples with their lawyer, like “They haven’t slept in days due to mania,” to ensure their condition is understood. During court hearings, you might write a letter to the judge (through counsel) explaining their struggles, though it’s the attorney who’ll present it formally.
- Coordinate with Mental Health Providers: If your loved one has a therapist or psychiatrist, ask them to prepare a detailed statement about how the mental illness impacts their behavior—like how untreated PTSD might trigger aggression. Arrange for these professionals to testify or consult with the defense if needed. If they’re not currently in treatment, research local resources (e.g., county mental health services) to start care, which can show the court a commitment to recovery.
- Visit and Communicate: If they’re detained, check the jail’s visitation policies—many facilities, like those in Los Angeles County, have specific hours and ID requirements. Bring small comforts allowed by the facility, like letters or commissary funds for snacks, to lift their spirits. Keep conversations focused on hope and support, avoiding legal details unless their attorney advises otherwise, as calls may be monitored.
- Educate Yourself: Learn about their charges and mental health condition. For instance, if they’re charged with a misdemeanor like petty theft linked to a manic episode, understand how bipolar disorder can impair judgment—resources like the National Alliance on Mental Illness (NAMI) offer fact sheets. This knowledge helps you ask informed questions of their legal team and anticipate the next steps.
- Prioritize Self-Care: Supporting them is taxing, so set boundaries. Join a support group like NAMI’s Family-to-Family program, available in many cities, to connect with others in similar situations. Even 30 minutes a day for a walk or journaling can recharge you to stay strong for them.
Finding Hope in a Difficult Situation
The road ahead may feel uncertain, but there are pathways to positive outcomes. California, for example, offers mental health courts and diversion programs designed to redirect individuals toward treatment rather than incarceration. With the right legal strategy, your loved one might access the care they need while minimizing the long-term impact of criminal charges.
At Lessem, Newstat & Tooson, LLP, we believe in fighting for justice that considers the whole person—not just the charges they face. If your loved one is dealing with criminal charges complicated by mental health issues, you don’t have to face it alone. Our dedicated attorneys are here to provide the expertise and empathy you need during this challenging time.
Contact us today to discuss your situation and explore how we can help secure the best possible outcome for your family.