Texas Legal Process:
Mental Health
Unfortunately the criminal justice system and those suffering a mental health crisis intersect frequently. While it can seem as though there are no options for those who find themselves in this cross section, resources are available. Seek out assistance of an attorney as soon as possible to help you navigate the system.
The short answer is it depends.
- In order to be prosecuted for a criminal offense, a person must be competent to stand trial.
- Competency is determined by a medical evaluation performed by a Doctor at the direction of the Court.
- A finding of incompetence may result in hospitalization until someone is able to regain competency, a mental commitment or dismissal of a case.
It is important to have an attorney who understands the complexity of mental illness and can navigate the court system to provide the best possible defense.
Information is key. In cases involving severe mental health, oftentimes there are extensive medical records showing the existence of mental illness well before the criminal justice system is involved. The outcome of a case can be directly affected by this type of evidence. If you or your loved one has been arrested during a period of severe mental illness it is important to begin the information gathering process immediately.
Start gathering the following as soon as possible:
- Create a timeline of mental illness, including the names and contacts of all medical professionals seen.
- Gather all medical records.
- Gather a list of providers.
- Obtain a medical release of information for your attorney.
Getting this information can be stressful and time consuming. Speaking with an Attorney immediately to help you navigate this process and request the documentation necessary to get the best possible outcome.
