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If a mental health crisis leads to a criminal charge, the justice system often sees a case file where it should see a human being. At Arsany & Barraza, Attorneys at Law, we provide more than just a standard defense. We provide a Riverside mental health criminal defense lawyer who understands the complexities of your condition.
At Arsany & Barraza, Attorneys at Law, we believe that a mental health crisis shouldn’t define your future. Founded by Arsany Said and Alejandro Barraza, we’re a dedicated ally for the Riverside, Orange County, San Bernardino, and Los Angeles communities. We focus on behavioral health and the law. We provide trauma-informed advocacy, and we prioritize rehab and treatment over punishment.
We bring deep experience in mental health diversion, competency proceedings, veterans court, and mental health court. We regularly speak on Southern California panels to advocate for systems that recognize the human side of every case. We are fiercely committed to representing veterans and those living with mental health challenges. We make sure everyone receives a defense rooted in compassion and zero judgment.
Reach our Riverside team today to schedule an initial meeting.
Mental health diversion is a term for a pretrial program that allows defendants who qualify to have their criminal proceedings paused. It has been used for individuals with mental health conditions like PTSD, Schizophrenia, or bipolar disorder. If someone successfully completes the court-approved treatment program, they generally have their charges dismissed and their arrest record sealed.
Mental health diversion in California is mostly governed by Penal Code § 1001.36 and has shown significant growth since its inception. It has achieved measurable success in reducing recidivism when compared to traditional incarceration. An evaluation of a Los Angeles program published in 2024 showed a low 9 percent recidivism rate with a graduation rate of at least 53 percent.
As of the beginning of 2023, 41 out of 58 counties in California had established some kind of adult mental health court.
Across California, competency proceedings focus on a defendant’s current mental state. A court may determine whether they can participate in their own defense according to constitutional due process. In general, someone is considered mentally incompetent if, due to a developmental disability or mental disorder, they are unable to:
If doubt is raised as to competency by the judge, a prosecutor, or a defense attorney, competency proceedings are initiated. Once doubt as to competency is declared on the record, the criminal case is immediately suspended. No further action can occur until a determination of competency is made. The court appoints a mental expert to evaluate the defendant and will submit a formal report to the court.
A competency hearing takes place. The goal is not to determine guilt or innocence. It is only to determine fitness for trial. If they are found competent, then the criminal proceedings resume immediately. If not, and they are found incompetent, the court orders the defendant into a restoration to competency program. This may include treatment, medication, therapy at a hospital, county jail, or community-based program.
Notably, competency is different from insanity. Insanity refers to the defendant’s mental state at the time of a crime, and it’s a defense used at trial to avoid criminal responsibility. For more information about competency or insanity, contact a knowledgeable attorney.
It’s helpful to contact a lawyer for help with your criminal defense if mental health is involved. An attorney can discuss treatment and help with treatment instead of incarceration. They can assist with trauma-informed advocacy and help with mitigating evidence to make sure the court prioritizes stability over standard punishment.
A: In California, a veterans treatment court exists as a collaborative court to address the root causes of criminal behavior in veterans. It assists with treatment rather than traditional punishment. It serves veterans and active-duty personnel whose issues stem from service-related conditions like PTSD, traumatic brain injury (TBI), and substance abuse. It helps divert their cases into veteran-focused treatment rather than jail. Call a Riverside lawyer about eligibility and the veterans’ court. At our office, we advocate for active-duty personnel and veterans.
A: Across California, the mental health court is a collaborative court designed to provide treatment-based alternatives to standard prosecution for people whose mental illness contributed to their criminal behavior. These courts use a multidisciplinary team, including a judge, a defense attorney, a prosecutor, and mental health professionals. That way, they can monitor a participant’s progress in a structured treatment plan.
A: You do not have to hire a lawyer for a mental health criminal defense case. You have the right to represent yourself. However, it’s highly inadvisable for a case involving mental health issues. A lawyer who understands mental health laws provides several advantages and can help you build a strong case. They can help you avoid self-incrimination and protect your constitutional rights.
A: You should ideally hire a lawyer for a mental health-related criminal case as soon as there is a criminal investigation or right after you’ve been arrested. Early intervention from an attorney is often one of the most effective ways to have a successful case. They can present mitigating evidence to convince them not to file any charges or to refer the case to a diversion program. Call a lawyer as soon as possible.
We need to add the RCBA badge on the homepage from the current site.
Add the AVVO badges and Superlayers badge that are on the current homepage onto Alejandro’s bio page Criminal Justice Attorney | Riverside, CA | Barraza Law, APC
Change this sentence on the bio section of homepage to instead read as follows:
Alejandro Barraza is a criminal defense and immigration attorney at Barraza Law, APC.
Change to:
Alejandro Barraza is a criminal defense and immigration attorney at Arsany & Barraza Attorneys at Law.
Change the 3 articles on the homepage titles and links to the below- we wont use what is currently there:
https://www.pressenterprise.com/2024/04/19/perris-man-accused-of-punching-corona-basketball-player-…
Home page
The banner still has those 3 bullet points that are set up to be linked, but don’t currently link to anything- link them to their respective pages.https://www.eastbaytimes.com/2024/03/19/dad-accused-of-assaulting-corona-players-brandishing-firear…
All Testimonials: Remove the last names (edited)
Perris man accused of punching Corona basketball player will enter pleas, attorney says
The District Attorney’s Office said it planned to retry Thaddis Brooks IV on counts on which a jury deadlocked, but then a deal was reached.
We need to add the RCBA badge on the homepage from the current site.
Add the AVVO badges and Superlayers badge that are on the current homepage onto Alejandro’s bio page Criminal Justice Attorney | Riverside, CA | Barraza Law, APC
Change this sentence on the bio section of homepage to instead read as follows:
Alejandro Barraza is a criminal defense and immigration attorney at Barraza Law, APC.
Change to:
Alejandro Barraza is a criminal defense and immigration attorney at Arsany & Barraza Attorneys at Law.
Change the 3 articles on the homepage titles and links to the below- we wont use what is currently there:
https://www.pressenterprise.com/2024/04/19/perris-man-accused-of-punching-corona-basketball-player-…
Home page
The banner still has those 3 bullet points that are set up to be linked, but don’t currently link to anything- link them to their respective pages.https://www.eastbaytimes.com/2024/03/19/dad-accused-of-assaulting-corona-players-brandishing-firear…
All Testimonials: Remove the last names (edited)
Perris man accused of punching Corona basketball player will enter pleas, attorney says
The District Attorney’s Office said it planned to retry Thaddis Brooks IV on counts on which a jury deadlocked, but then a deal was reached.
To hire a mental health criminal defense lawyer, call us right away. Often, people facing mental health challenges need someone who stands up for them. We work hard to protect your rights.
We are a bilingual firm. Hablamos Español. Contact us for a first consultation.
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