Michigan Mental Health Criminal Defense Lawyer

Michigan Mental Health Criminal Defense Attorney

When mental health issues factor into a criminal case in Michigan, defendants face different concerns and circumstances. A Michigan mental health criminal defense lawyer provides strong advocacy for clients who have an illness or disorder that could have affected their behavior or competency to stand trial.

They coordinate with medical experts, present psychiatric evidence, and seek to have charges dismissed or reduced, while also exploring alternatives like mental health court programs or treatment-based sentencing.

From competency hearings to diminished capacity defenses, these attorneys strive to make sure the court understands the whole person beyond the charges against them. At the Law Offices of Nellie L. King, we bring compassion and determination to every case to make sure your mental health is a critical part of an effective defense.

Hire a Mental Health Criminal Defense Lawyer

Law Offices of Nellie L. King delivers trusted representation for Michigan clients navigating criminal charges tied to mental health conditions. Our practice is rooted in credibility, compassion, and extensive defense experience. We collaborate with leading mental health professionals to present compelling evidence, ensuring courts fully understand your medical background.

Recognized for ethical advocacy and client-focused strategies, we fight for fair treatment, diversion opportunities, and justice that respects both your rights and your dignity.

Competency to Stand Trial in Michigan

Michigan law requires defendants to be competent to stand trial, so that they understand the charges and can assist in their defense. A court may order a forensic evaluation by the Center for Forensic Psychiatry when a defendant’s competency is in question.

The Center for Forensic Psychiatry is a state facility that performs many competency examinations in the state. When a defendant is found incompetent to stand trial, criminal proceedings are stayed until treatment can render the defendant competent to stand trial.

A mental health criminal defense lawyer can make sure that a defendant’s evaluation is fair, that any treatment is appropriate, and that a client is not forced to go to trial if they are unable to fully participate and protect their own rights.

Mental Health Courts in Michigan

Michigan’s mental health courts offer treatment alternatives to incarceration for defendants with psychiatric disorders. These programs, which can be found in Wayne, Oakland, Kent, and other counties, typically require participants to adhere to a structured treatment plan while under intensive judicial supervision.

The Michigan Supreme Court’s 2023 report on these courts found that participants were two times less likely to be arrested for another offense within three years than similarly situated individuals who had been processed through traditional courts.

A defense lawyer can help a client seek entry into a mental health court and provide medical evidence of a client’s disorder and support the client in successfully completing the program.

The Insanity Defense Under Michigan Law

Michigan does have an insanity defense, which is located at MCL § 768.21a. This defense requires that a defendant, because of mental illness, lacked substantial capacity either to appreciate the nature and quality of their conduct, or to know that their conduct was wrong.

This is a high bar to meet, but it is often available in serious cases involving credible psychiatric testimony. When pleading “guilty but mentally ill” (GBMI), a defendant receives a sentence with the requirement of mental health treatment during their imprisonment. A criminal defense lawyer knows multiple defenses and understands psychiatric facts.

The Role of Expert Testimony in Michigan Cases

Mental health criminal defense can involve testimony from psychiatrists, psychologists, or medical specialists. Experts may be needed to help explain the ways in which a mental illness may have affected behavior, judgment, or culpability. Judges and juries rely on this evidence when considering issues of competency, culpability, or sentencing options.

A good attorney can ensure that the most credible experts are used, that the testimony is presented in the most helpful manner, and that medical realities are not overridden by the prosecution. Combining clinical experience with legal advocacy helps build the strongest defense and ensures that clients are protected against high-stakes criminal charges.

FAQs

How Do Michigan Courts Decide Competency to Stand Trial?

Competency is determined in Michigan courts by a showing that the defendant knows the nature of the charges and can assist his or her lawyer. Judges typically order forensic evaluations by either the Center for Forensic Psychiatry or the local county clinics. If an individual is deemed incompetent, the proceedings will be stayed while he or she receives treatment to become competent. Defense attorneys ensure evaluation procedures remain fair while protecting defendants’ rights.

What Is the Difference Between Insanity and Guilty but Mentally Ill in Michigan?

In Michigan, both an insanity defense and a guilty but mentally ill (GBMI) verdict are allowed. Insanity pleas can lead to hospitalization with no punishment, while GBMI convictions result in sentencing that includes mandatory mental health treatment. The two choices have very different consequences, and each requires credible psychiatric testimony.

The defense attorney explains the options, arranges expert testimony, and otherwise ensures that the court understands the defendant’s medical condition when choosing between the two legal options.

Can Families Support a Michigan Mental Health Defense Case?

Families in Michigan can support a mental health defense case in several ways. They are often involved in mental health defense as well. They can provide information about a person’s treatment history, testify about behavioral changes, and help with care during the legal process.

Judges in Michigan may consider family support when determining diversion or treatment-based alternatives. A defense lawyer can work with the family to get records in order, prepare statements, and emphasize the defendant’s needs.

What Happens If a Defendant Is Found Incompetent in Michigan?

In Michigan, if a defendant is found incompetent to stand trial, criminal proceedings are on hold until competency is restored. A defendant may be ordered to undergo treatment at the Center for Forensic Psychiatry or another specified place of treatment. The defendant remains under supervision and with regular reports to the court during this time.

The defense lawyer closely monitors the process to ensure that the defendant is not being held longer than legally required and is receiving appropriate treatment.

Michigan Mental Health Criminal Defense Lawyer

At the Law Offices of Nellie L. King, we understand the challenges of facing criminal charges with a mental health condition. Our team is committed to protecting your rights, pursuing fair treatment, and ensuring your voice is heard. Hire a mental health criminal defense lawyer by booking a consultation today.