Alabama Mental Health Criminal Defense Lawyer

Alabama Mental Health Criminal Defense Attorney

Nobody goes to prison solely because they have a mental illness. The combination of mental health struggles and legal troubles can, unfortunately, lead to some serious outcomes. Your Alabama mental health criminal defense lawyer can clearly articulate how your mental health status may come into play at every step of your case, starting with the arrest and extending through sentencing and any future considerations.

Courthouses like the Jefferson County Courthouse, which is situated at 716 Richard Arrington Jr. Blvd. N., Birmingham, AL 35203, frequently hosts hearings for those facing significant criminal accusations. In Alabama, mental health criminal defense cases necessitate a thorough comprehension of forensic methodology, statutory law, and constitutional protections.

The Law Offices of Nellie L. King, P.A. provides comprehensive, fact-based criminal defense services, including in complicated cases, including mitigation, competency, and insanity defenses. The firm tackles each case with meticulous planning, strategic research, and a focus on defending the client’s rights at every level of the criminal process, according to its vast experience in high-stakes felony litigation and post-conviction processes.

​Mental Health Criminal Defense Laws in Alabama

If you’ve been charged with a crime in Alabama and you have a history of mental illness, you should be aware of how the State treats these cases.

According to Alabama Code § 13A-3-1, a defendant is not criminally responsible for his conduct if, at the time of the commission of the act prohibited by law, the person, as a result of mental disease or defect, was incapable of appreciating the nature and quality and wrongfulness of his conduct.

Alabama Code § 15-16-21 determines that following a competency evaluation, if the defendant is unable to meaningfully assist their counsel or comprehend the legal proceedings, an order of incompetence will be issued, mandating treatment to restore competency.

It is important to note that these defenses are not automatic. They must be raised by the appropriate motions and are subject to strict evidentiary standards. If you raise the issue of incompetency to stand trial, the court will order a forensic psychological evaluation.

Competency vs. Insanity

People with major mental illness nevertheless have high rates of re-offending. One study found 54% of individuals with serious mental illness go back to jail, and 68% of people with both mental illness and substance misuse go back to jail unless they get help. Substance abuse and/or mental illness affect at least 20% of inmates in the participating Alabama jails.

Competency and insanity are two different legal situations. Competency focuses on the defendant’s current condition. Specifically, the court needs to know if the defendant understands what’s happening and can assist in their defense. If a defendant is found incompetent, the court may order treatment to restore competency.

Insanity focuses on the defendant’s condition at the time of the offense and whether they knew what they were doing was wrong. Under Alabama law, this is a difficult defense to prove and applies only in cases where the defendant suffered from a severe mental disease or defect.

Examples of Mental Health Concerns in Criminal Cases

There are numerous ways in which criminal charges and mental health might interact. While no two criminal defense cases involving mental health are the same, typical situations include:

• Competency: For example, a defendant who suffers from schizophrenia but is currently experiencing symptoms such as delusions may not be competent to proceed to trial. The court may order an evaluation and treatment to restore the defendant’s competency.
• Insanity: A defendant experiencing a psychotic break at the time of the alleged offense may claim that they did not know what they were doing was wrong. The defense would then need to proceed under Alabama’s insanity law.
• Mitigation during sentencing: Even if a defense is unavailable, mental health issues such as bipolar disorder, PTSD, and depression can mitigate a sentence. The law allows the judge to consider mental and emotional disturbance as a mitigating factor.
• False confessions: People with certain mental illnesses and cognitive issues are more vulnerable to giving statements to police detectives. If your mental health condition makes you vulnerable to giving a statement to law enforcement, it could trigger a constitutional issue with the voluntariness of your statement.

None of these scenarios means that a person is automatically found not guilty due to a mental health condition. What it does mean is that the judge or jury can consider not only the crime you allegedly committed but also what your mental health professional has to say.

Mental Health Evidence Used in a Criminal Case

Professionals, psychiatric evaluations, and medical evidence don’t just come into play at trial. Mental health evidence may be relevant in multiple stages of a case, such as:

• Investigation stage: Voluntariness of statements to police
• Pretrial motions: Competency and suppression hearings
• Trial: The presentation of professional witness testimony to prove insanity
• Sentencing: Mitigation of punishment

Remember that just because you had a diagnosed mental health condition at the time you were arrested, it doesn’t mean you automatically get to avoid prosecution. However, it may help your attorney negotiate with prosecutors and/or prepare your defense.

What To Do If You Have Been Charged With a Crime and Have Mental Health Concerns

If you have been charged with a crime and have an existing mental health condition or history, you should know that some things you do or fail to do early on will matter. Once arrested, the police will inform you of your rights and promptly transport you to jail. Mental health defenses take time because doctors must diagnose and evaluate you, and sometimes the timing of asserting an issue is crucial.

First, hire an attorney as soon as possible. Do not share your mental health history with the police until you have consulted with an attorney. You have a constitutional right to an attorney. Anything you say to the police can and will be used against you. If you allege that you did not understand your rights due to your mental condition, that issue can become relevant and must be raised appropriately.

Start compiling documents immediately. This includes any mental health evaluations you have received or been hospitalized for psychiatric care. You should also obtain copies of any medications you are taking or have taken in the past. Also include any therapy, counseling, or disability diagnosis you may have received.

Hire a Mental Health Criminal Defense Lawyer

Waiting until after you’ve been charged with a crime to address your mental health treatment history is risky. Mental health concerns can impact your case from the beginning. It is recommended to hire a mental health criminal defense lawyer for the following: 

• Whether you should speak to law enforcement
• Bond amounts
• Eligibility for diversion
• Charge reductions
• Evaluations ordered by the court
• Conditions of pretrial release

Alabama may have mental health courts or diversion programs available for eligible defendants. Not everyone is eligible, and you don’t want to assume you will get into a diversion program without first speaking to an Alabama mental health criminal defense attorney. Mental health diversion typically involves treatment and supervision in lieu of jail time.

The consequences of a felony arrest or conviction are severe. You shouldn’t hesitate to present evidence of mental health diagnoses, treatment, hospitalizations, and evaluations to your attorney.

FAQs

Is Mental Illness a Defense in Criminal Cases?

Mental illness is sometimes used as a defense. However, there are only limited circumstances when this defense is available. A defendant can claim an insanity defense if, at the time of the offense, they were incapable of understanding the nature and wrongfulness of their conduct because of severe mental illness or defect. Mental illness can also play a role in competency to stand trial or mitigation at sentencing.

What Happens if a Defendant Is Considered Incompetent to Stand Trial?

If a defendant is found to be incompetent, the criminal proceedings against them are suspended. Typically, the court will order competency-restoring treatment. In Alabama, this could take the form of hospitalization or intensive outpatient treatment. The case can then proceed once competency is restored to the defendant. If competency cannot be restored, then other legal options can be sought.

How Do You Prove Someone Is Mentally Unstable in Court?

Courts deal with evidence, not labels. Evidence usually comes in the form of a licensed psychiatric or psychological evaluation, medical records, professional testimony, and a history of treatment. A competency evaluation can be ordered by the court. About insanity, professional testimony will be necessary to link the mental illness to the defendant’s ability to know what was wrong.

Can Mental Health Issues Reduce a Criminal Sentence in Alabama?

Mental health issues can potentially reduce a criminal sentence in Alabama. While mental illness may not be considered an outright defense, it could lessen your exposure. For example, the court might look at whether you were acting under extreme mental or emotional disturbance when you committed the offense. If presented well, mitigating factors can be a real help when it comes to probation or how long your sentence is.

Alabama Mental Health Criminal Defense Lawyer

If you or a loved one has been arrested for a crime and has mental health concerns that should be addressed, an attorney at the Law Offices of Nellie L. King, P.A. can help. Contact us today for a consultation. We understand how delicate these situations can be and use our knowledge and experience to prioritize the needs of our clients. Our team pursues a successful outcome while protecting yours or your loved one’s rights.