In Florida, a proven mental health condition can change the outcome of a criminal case. Options range from a milder sentence to court-appointed treatment. Here are some options that a defendant may have if they are struggling with a mental health issue.
Not guilty by reason of insanity
A defendant could be found not guilty if it is proven that mental health illness prevented them from distinguishing right from wrong. After the verdict, the defendant can be transferred to a facility where they will be treated according to their specific diagnosis.
Mental competence to proceed
If the defendant has a mental state that impedes their ability to consult with their lawyer or understand the charges against them, they may be deemed mentally incompetent to proceed. This will depend on a court-appointed assessment. After this ruling, they can be held in an institution until declared competent or, in some cases, have their charges dismissed.
Mental health court program
The state of Florida offers Mental Health Courts as an alternative to a criminal trial and an option for defendants to improve their quality of life. In order to be eligible, there are some important factors:
- A professional assessment
- A diagnosed mental health disorder
- A willingness to receive mental health treatment
- An eligible criminal charge
If accepted into the program, defendants may receive structured treatment and counseling under court supervision. Upon successful completion, some charges may be reduced or dismissed, offering a path toward recovery and legal resolution.
The Tristin Murphy Act
This year, the state of Florida passed the Tristin Murphy Act, which aims to offer more options for those with mental health issues arrested for breaking the law.
With this act, a person can be screened for mental health illnesses up to 24 hours after their booking. This can lead to being transferred to a facility if the defendant agrees to receive outpatient treatment and comply with court-appointed orders.
The importance of skilled legal help
Defendants experiencing mental health challenges may have access to alternative sentencing options or treatment programs while facing criminal charges. An experienced lawyer can explore these alternatives to help defendants secure the help they need.