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What Is California’s Laura’s Law, and Do I Qualify?

 Posted on December 20, 2024 in Criminal Defense

Palo Alto, CA criminal defense lawyerMental health issues affect more people than you might realize, with impacts ranging from mild to severe. If they are left untreated, a person’s behavior can change, and an overall decline in health is common. Some people are not aware they are suffering from these issues, and a lack of financial resources can make getting proper treatment impossible. Unfortunately, undiagnosed or untreated mental conditions can contribute to criminal acts.

If you are charged with a crime, you may be eligible for assisted outpatient treatment (AOT) under Laura’s Law, and you might qualify for a diversion program. A knowledgeable San Jose, CA criminal defense lawyer can help you get the mental health treatment you need while protecting your rights.

What Is Laura’s Law?

In 2002, Laura’s Law went into effect in California. Named after a woman who was shot and killed by a man with an untreated mental illness, this law is intended to prevent similar crimes by providing crucial treatment to those who cannot get it independently. California counties have the option of participating in this court-ordered assisted outpatient mental health program.

Who Is Eligible for AOT Through Laura’s Law?

Several interested parties can petition the court for an individual’s acceptance into an AOT program, including the mentally ill person, physicians, family members, police officers, and judges. To be eligible, multiple criteria must be met by the specified person, including:

  • The person is 18+ years old.

  • AOT will likely benefit the person.

  • Left untreated, the mental health condition will likely continue to deteriorate and cause harm to that person or others.

  • The individual has either exhibited threatening or violent behavior within the past four years or received mental health treatment in a correctional facility or hospital twice in the previous three years.

If the mentally ill person meets these and other criteria, they can consent to treatment by entering a settlement agreement. In other cases, a court hearing will determine the need for intervention and appropriate treatments.

How Laura’s Law Treatment Can Help

Along with providing invaluable treatment to stabilize a mentally ill individual, completing Laura’s Law treatment may result in a dismissal of criminal charges. There is no guarantee, but participating in the AOT program, especially voluntarily, can show a person’s desire to manage their mental illness. Family members may get much-needed peace of mind by knowing their loved one is receiving proper treatment and that safety issues are being addressed.

Working with an experienced attorney can increase the likelihood of an AOT petition’s acceptance and may also help reduce or dismiss criminal charges.

Consult a Skilled Palo Alto, CA Laura’s Law Attorney

As a lifetime resident of Santa Clara County, Attorney Fuller is deeply committed to the community and its residents. If you are seeking assistance with a Laura’s law case, call Fuller Law Firm today at 408-234-7563 or contact us online. Your dedicated San Jose, CA criminal defense attorney can assess eligibility during your free consultation.

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