Mental Health Diversion

Mental Health Diversion Program in California

Riverside Mental Health Diversion Attorney

It is devastating to face arrest, particularly when coupled with mental health struggles. But for many Californians, there’s a path to recovery instead of a criminal record. Through the state’s Mental Health Diversion program, eligible defendants can receive treatment and support rather than face traditional prosecution; focusing on healing, stability, and a fresh start.

What Is Mental Health Diversion?

California’s Mental Health Diversion program, outlined under Penal Code § 1001.36, gives qualifying defendants the opportunity to receive mental health treatment in place of criminal prosecution.

Rather than proceeding with traditional sentencing, the court may approve a structured treatment plan supervised by medical professionals. Upon successful completion, criminal charges are dismissed and the arrest record can be sealed, allowing participants to move forward without a criminal conviction on their record.

This approach is rooted in rehabilitation and recovery, acknowledging that mental illness deserves treatment, not punishment.

If you or someone you love is facing criminal charges connected to a mental health condition, help is available. Call (951) 574-2281 or contact us online today to speak with Greenberg, Greenberg & Kenyon about whether Mental Health Diversion could apply to your case.

How Greenberg, Greenberg & Kenyon Helps Clients Pursue Diversion

Navigating California’s Mental Health Diversion process can be complex, requiring a detailed understanding of criminal law and mental health evaluations. Greenberg, Greenberg & Kenyon brings decades of courtroom experience, former prosecutorial insight, and a compassionate approach to advocacy.

When you work with our firm, we will:

Evaluate your eligibility for diversion and gather the records and documentation the court requires.
Collaborate with mental health professionals to secure a formal diagnosis and create a comprehensive treatment plan.
Build persuasive arguments connecting your mental health condition to the alleged offense, supported by credible expert testimony when necessary.
Represent you in all hearings and respond to any objections raised by the prosecution.
Monitor your progress and maintain communication with providers and court officials throughout the program.

Our team’s familiarity with California courts and our record of successful diversion motions allow us to guide clients through this process with confidence. Clients receive individualized attention and legal strategies based on their mental illness and legal situation.

Why Choose Greenberg, Greenberg & Kenyon for Mental Health Diversion Cases?

We bring extensive criminal defense experience and a deep commitment to helping clients facing mental health challenges. We recognize that mental illness is a medical condition that deserves compassionate, effective treatment.

Experience with Diversion Cases

We have successfully obtained Mental Health Diversion for numerous clients facing a wide range of charges and diagnoses. Our familiarity with the program requirements, local courts, and effective advocacy strategies positions us to build a strong case for your admission.

Connections to Mental Health Resources

Dealing with the mental health system is difficult enough without the added stress of criminal charges. We have established relationships with psychiatric evaluators, treatment providers, and public mental health services throughout California. We can connect you with qualified professionals who specialize in forensic assessments and treatment for individuals in the criminal justice system.

Compassionate Advocacy

When you're already struggling with mental illness, criminal charges can feel impossible to face. Our attorneys approach these cases with sensitivity and respect, always keeping your dignity and well-being at the forefront. We listen to your concerns, answer your questions, and provide clear guidance throughout the process.

Tenacious Representation

When prosecutors oppose diversion or courts express skepticism, we don't back down. We present compelling medical evidence, call expert witnesses, and make persuasive legal arguments that emphasize both the law and the human aspects of your case.

Trusted by Clients Across Southern California

At Greenberg, Greenberg & Kenyon, our reputation speaks for itself. We’re proud to maintain a high rating on Google, with hundreds of five-star reviews from clients who trusted us during some of the most difficult moments of their lives. We’ve built that trust by treating every client with respect, compassion, and honesty.

Moreover, our firm proudly serves the LGBTQ+ community and welcomes clients from all backgrounds. We also offer legal services in English and Spanish, so you can discuss your case in the language you’re most comfortable with. You can expect a legal team that is ready to listen, understand your situation, and support you, regardless of your background or personal circumstances.

Who Qualifies for Mental Health Diversion?

To participate in California’s Mental Health Diversion program, the following legal and clinical conditions must generally be met:

Diagnosis - You have a qualifying mental health disorder recognized in the DSM-5 (for example, bipolar disorder, PTSD, major depressive disorder, anxiety, or schizophrenia).
Connection to the Offense - The mental health condition significantly contributed to the alleged criminal behavior.
Capacity to Consent - You are capable of understanding and voluntarily participating in treatment.
Treatment Potential - The court finds you are likely to benefit from mental health treatment.
Public Safety - The judge determines that you do not present an unreasonable risk to community safety.

Some crimes, such as serious violent felonies or sex offenses requiring registration, are generally excluded, but courts have increasing flexibility in approving diversion when supported by strong evidence and advocacy. Our experienced defense team can make a critical difference in demonstrating eligibility.

How the Diversion Process Works

When you retain Greenberg, Greenberg & Kenyon, our attorneys take a comprehensive, hands-on approach to pursuing Mental Health Diversion on your behalf. We will:

File a formal motion requesting Mental Health Diversion with the court.
Gather medical documentation and evaluations supporting your diagnosis and treatment needs.
Develop and present a treatment plan in collaboration with licensed care providers or public health agencies.
Represent you in hearings and advocate for acceptance into the diversion program.
Guide you through compliance and completion, keeping your case on track through every phase of the process.

Most diversion programs last between 12 and 24 months, depending on the nature of the offense and the treatment plan. Once completed successfully, the court dismisses the charges and orders the arrest record sealed, offering a genuine opportunity for a fresh start.

Contact Our Riverside Mental Health Diversion Attorneys

Mental Health Diversion is more than an alternative sentence; it’s a second chance to focus on healing, recovery, and rebuilding your life.

By addressing the underlying mental health challenges that contributed to the offense, this program helps reduce recidivism and allows participants to reintegrate into society with dignity and stability.

If you or a loved one is struggling with a mental health condition and facing criminal charges, you don’t have to face the legal system alone.

Get in touch with us at (951) 574-2281 or reach out online to schedule a confidential consultation. We’ll review your situation, discuss your eligibility, and help you take the next step toward recovery and a second chance.

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Charles's commitment to our case extended far beyond what we could have anticipated. His hard work and unwavering effort were apparent as he tirelessly fought for justice on our behalf.

- Rosa R.
harles Kenyon stepped in and delivered an outstanding defense. He didn’t just win the case; he saved my grandson’s life. The entire firm is compassionate, communicative, and we cannot recommend them highly enough!

- Kristin P.
He was so accommodating and replies to all our messages promptly even if passed office hours. He answers all our questions and explains all possibilities clearly.

- Jasmin A.
I was facing my worst nightmare by having 30 felony counts but Dan & Phil with their hard work, knowledge, dedication and great experience, were able to get me a GREAT result.

- Erica L.

Your Voice in the Fight

Here's What Sets Greenberg, Greenberg & Kenyon Apart

Decades of Criminal Defense

Since 1980, our attorneys have handled a wide spectrum of criminal cases, bringing seasoned judgment and steady guidance to every matter.
Prosecutorial Perspective

With backgrounds as former prosecutors, we anticipate the opposition’s approach and pinpoint case vulnerabilities from the outset.
Direct Attorney Access

Our boutique structure ensures you work one‑on‑one with senior counsel—no handoffs to junior associates.
Clear, Consistent Communication

We return calls promptly, provide regular updates, and lay out each step so you always know where your case stands.

Practicing Exclusively Criminal Law Since 1980 Smart Strategy. Steady Guidance. Take the First Step Forward Today

Have questions? Ready to get started? Call (951) 574-2281 today to schedule a free consultation. We return calls promptly and walk you through every step of the legal process.

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