Naperville Behavioral Health Lawyer

Attorney Providing Mental Health Support in DuPage County Cases

Behavioral health and criminal defense law are closely intertwined concepts. The symptoms of many different types of mental health conditions can affect a person's behavior in a major way. Mental health conditions can make it impossible for a person to conform their conduct to the requirements of the law rather easily. Unfortunately, this often leads to people with mental illnesses being arrested and treated as criminals instead of being offered help. The police often do not know what to do with a person who is having a mental health emergency other than to arrest them. Many criminal defendants are simply people who are not receiving the help they need with their mental health. Fortunately, the courts in Illinois recognize the complex interplay between mental health, behavior, and the law. There may be opportunities for criminal defendants with unaddressed or undertreated mental health issues to obtain the care they need while avoiding or minimizing other legal consequences.

Appelman Law LLC has learned through many years of collective experience that behavioral health accounts for a large portion of all conduct labeled criminal in our society. We understand that many of those facing criminal charges are also victims of the severe lack of accessible mental health care in this country. Between the drug epidemic making criminals out of those predisposed to addiction and the massive stresses of a difficult economy forcing many to act in ways they normally would not, it is easy to see how an understanding of behavioral health principles is essential to providing the best criminal defense services possible. Our lawyers fiercely advocate for each client, refusing to discount the impact of mental health on how a person presents to the world.

Addiction, Diversion, and Treatment Programs

Illinois courts well understand that many people have done the things they have done due to the effects of mental illness or addiction. In drug crime cases, courts tend to prefer rehabilitating end users, while manufacturers or traffickers may face harsher penalties. However, in some cases your attorney may be able to successfully argue that your offense was the direct result of addiction and help you avoid harsh sentencing.

In many drug possession cases, you may be eligible to enter a diversion program in lieu of conviction. If you are granted acceptance into a drug diversion program, you will be required to complete substance abuse treatment.

The same rehabilitative options may be available to first-time DUI offenders, who very commonly struggle with substance abuse.

Even if your offense was not directly drug-related, but addiction represented a primary motivator, you may be eligible for a type of probation that can lead to expungement of the offense. For example, if you committed theft to pay for an addiction, you may be eligible for this option.

Mental Health, Mitigation, and the Insanity Defense

The insanity defense is not a get-out-of-jail-free card for those with mental health issues. Unless you were so mentally ill that you could not understand the nature of your actions or tell right from wrong and do not mind spending years in a mental health facility, this defense is not for you.

However, mental health issues may render you eligible for treatment in lieu of conviction or traditional sentencing. There are several types of court supervision that can be ordered when the defendant's actions are largely explained by mental illness.

Additionally, mental illness may be used as a mitigating factor during sentencing. Even if a conviction cannot be prevented on mental health grounds, your attorney may be able to may be able to use this factor to prevent harsh sentencing.

Contact a Naperville Behavioral Health Lawyer

At Appelman Law LLC, our team is available 24/7 and is committed to helping clients struggling with behavioral health issues in any way we can. Our goal is to prevent a conviction wherever possible. For a complimentary consultation, please contact us at 630-717-7801.