You may have heard that May is Mental Health Awareness Month. It is recognized across the country to raise overall awareness of mental illness and to reduce the stigma often associated with it so that people are more comfortable talking about mental health and seek support and treatment. Mental health issues negatively impact millions of individuals and their families as well, yet many people continue to struggle without the support, treatment, and guidance they need. By promoting mental health awareness, conversations can begin on ways to address coping with real-life challenges that often accompany mental health conditions just as they would with any other medical diagnosis.
Mental health challenges often extend well beyond one’s mental stability and well-being to situations involving the need for court intervention. Unfortunately, for many individuals suffering from serious mental health conditions, the legal system becomes part of their journey. For those who refuse help and become a danger to themselves or others, Florida’s Baker Act can be implemented to have a court order involuntary examination and treatment. Family members are often stressed and overwhelmed and need legal guidance on how to proceed and navigate complex situations and legal systems. In some cases, when situations escalate, law enforcement is called for help but instead, an arrest can occur, even for a minor offense like striking someone (battery) or a verbal threat (assault). This can occur within the home during a manic or mental health crisis. The result can further traumatize the individual in need of treatment as well as the entire family, and is never the result anyone intended.
Mental health problems left untreated can lead to additional problems such as job loss and change in economic status as well as involvement in the criminal justice system. Over the years, as the number of people suffering from mental health conditions has continued to grow, so has the number of individuals in our jails with untreated mental illness. Florida has led the way in creating specialty Mental Health Courts wherein treatment, rather than punishment, is the primary focus. Judges and attorneys work with treatment professionals to identify appropriate treatment options and placement for individuals who have been arrested for various offenses, many of which occur during periods of mental instability, incompetency, and excessive substance abuse. For some individuals, this may ultimately become the path toward receiving long-needed treatment, but fortunately, outcomes are often positive.
Legal advocacy can become critical to a person’s future and the stakes are often high. Whether helping prevent involvement with the court system or mitigating situations where someone is facing criminal charges and potential punishment, having effective legal representation can make a significant difference in the outcome. In situations where civil liberties are at risk, an experienced mental health attorney’s job is to ensure that the law is followed and that the affected person’s legal rights are protected to the fullest extent possible.
