Criminal Defense Lawyers

Getting Help for Co-Occurring Disorders in Criminal Cases

Getting Help for Co-Occurring Disorders in Criminal Cases

Dealing with a criminal charge is scary and confusing enough on its own. When you also have a mental health or substance use disorder that complicates matters, it can feel completely overwhelming trying to navigate the legal system. Just know that you don’t have to go through this alone. There are compassionate criminal defense attorneys and mental health professionals who can help.

Understanding Co-Occurring Disorders

Many people who end up in the criminal justice system are struggling with untreated mental illness, addiction, or both. In fact, over half of inmates in jails and prisons have some kind of mental health problem like depression, anxiety, PTSD, or bipolar disorder. Many also have co-occurring substance use disorders involving drugs, alcohol, or both. When mental illness and addiction issues happen at the same time, it’s called having a co-occurring or dual diagnosis disorder.Living with co-occurring disorders and trying to follow the law or meet probation requirements can be extremely difficult. When symptoms are flaring up, your judgment may be impaired and you could act in ways you later regret. Many people struggling with untreated mental illness and addiction end up arrested for non-violent crimes like drug possession, public intoxication, disorderly conduct, or petty theft. Others unfortunately do end up committing more serious crimes.Either way, if you have found yourself in criminal court and have an underlying mental health or addiction issue, don’t lose hope. There are compassionate defense lawyers who understand co-occurring disorders and can help you get treatment instead of or along with any legal punishment.

Finding an Experienced Criminal Defense Attorney

The first step is connecting with a criminal defense lawyer who has experience representing clients with co-occurring disorders. Look for attorneys who list mental health defense or addiction defense as one of their specialties. Be sure to ask questions like:

• How much experience do you have working with clients who have mental illness or substance abuse issues?
• Are you familiar with how co-occurring disorders can contribute to criminal behavior?
• Do you take a compassionate, non-judgmental approach when working with these clients?
• What kinds of alternative sentencing programs are you familiar with that provide mental health and addiction treatment?

An attorney who seems knowledgeable and caring is more likely to fight hard for a fair outcome in your case.

Getting a Dual Diagnosis Assessment

To use mental illness or addiction as part of your defense, you’ll need documentation from a mental health professional. Your attorney can help refer you to a psychologist, psychiatrist or licensed clinical social worker who can do a comprehensive dual diagnosis assessment.This will likely involve an interview discussing your symptoms, trauma history, substance use patterns, and any past treatment. You’ll also complete some diagnostic tests and questionnaires. The clinician will then analyze all this information and write up a detailed report confirming your diagnoses.This report will be incredibly helpful for your lawyer to demonstrate how your co-occurring disorders affected your state of mind and judgment at the time of the alleged crime. It also paves the way for requesting alternative sentencing options that include mental health and addiction treatment.

Considering Alternative Sentencing Programs

If you are found guilty of a crime, instead of recommending standard punishments like hefty fines or years behind bars, your compassionate criminal defense lawyer will fight for alternative sentencing options. These still hold you accountable for your actions but also get you much-needed help. Two of the most common alternative sentencing programs used are:

Mental Health Court

Over 300 counties across the U.S. now have mental health courts and diversion programs specifically for defendants with psychiatric disorders. You plead guilty up front, but instead of jail time, the judge sentences you to complete a 12-24 month structured outpatient treatment program under strict supervision. You have to stick closely to the treatment plan and regularly check in with the court clinician and judge on your progress. But if you successfully complete the program, the charges against you are often dismissed or greatly reduced.

Drug Court

Similar to the above option, over 3,000 drug courts across the country offer court-supervised addiction and mental health treatment to nonviolent drug offenders. These intensive programs can last 15-24 months. Participants get randomized drug testing, have to appear frequently before the judge, complete treatment goals, and demonstrate sober behavior. Graduates can earn dismissed charges, reduced sentences, lesser penalties, or avoided jail time.

Partnering with a Dual Diagnosis Treatment Center

Whichever alternative sentencing option the judge and your lawyer think is best, a key component will be entering an intensive dual diagnosis treatment program. The court clinician or your defense attorney can refer you to respected rehab centers and mental health facilities to explore.Look for a dual diagnosis program that offers evidence-based integrated treatment for both substance abuse and mental health issues at the same time. This means getting psychotherapy and medication to stabilize mood and behavior disorders while also going through detox, residential rehab, and addiction counseling. The most successful programs provide coordinated care from an interdisciplinary team of psychiatrists, therapists, social workers, addiction counselors, and peer support specialists.Entering an integrated dual diagnosis treatment program through a mental health or drug court can truly be a lifesaver. You get the structure and accountability that comes from strict court supervision but also receive the clinical treatment you need. Graduating from the program may lighten legal consequences while also setting you up for long-term wellness and recovery.

Making the Next Right Step

Facing criminal charges while also struggling with untreated mental illness or addiction can make you feel utterly lost and hopeless. Just know there are options and there is a path forward. Connecting with a compassionate, experienced criminal defense attorney and mental health professional is the first step to regaining hope and control of your situation. You don’t have to navigate this alone. Support and solutions exist. Make the call today to get the help you need and begin writing your redemption story.

Resources

Mental Health and Criminal Justice Issues – Reddit thread discussing mental health courts and diversion programsWhat is Dual Diagnosis and How is it Treated? – YouTube video explaining integrated dual diagnosis treatmentBipolar Disorder and the Criminal Justice System – Podcast episode on supporting those with mental illness in the legal systemGetting Help for Addiction and Mental Illness – HelpGuide article on dual diagnosis treatment optionsBuilding a Redemption Story – Inspiring TED Talk on overcoming failures and writing new futures