Legal Question in Criminal Law in California
if i have metal health issues and my public defender is not willing to get me into mental health court what can i do
2 Answers from Attorneys
Ask your attorney why. Sometimes a resolution without going through the special designated courts is a better resolution. If you're not satisfied with the reasoning, you can ask the court for a new attorney when you have a break down in communication to the extent that you can not work together enough to receive effective assistance of counsel. It's called a Marsden Motion. Let your attorney know that you don't understand his/her reasoning and I'm sure he/she will be happy to explain it to you.
Good luck.
Elena Condes
You need to have a formal diagnosis for your mental health issue. If you have already been diagnosed and this diagnosis relates and relevant to the charge, then you can present this to your attorney and in some instances that can place you in the mental health proceedings. However, if you don't, then you need to get a formal diagnosis.
I need more information as to your mental health issue in order to give you a better assessment of your case. But in general a diagnosis that is formally obtained is the key.
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