How can I get mental health diversion?

>>>How can I get mental health diversion?

scrabble pieces spelling the words "mental health"If you have been charged with a minor offence and you would like to resolve your charges with mental health diversion, the best way to secure this resolution is to hire a criminal defence lawyer. Because your admission to a mental health diversion program is a nuanced process, it is in your best interests to have a criminal defence lawyer who is familiar with this type of process to speak to the Crown on your behalf. With our knowledge and experience, we can present your case in a highly effective manner that will target the concerns of the Crown, and that will dramatically increase the likelihood of your placement in this diversion program.

To be diverted to MHD, you will need to demonstrate your that you are eligible for the program on the basis of the nature of your offence, your personal circumstances, your potential to be effectively be treated within the community. Importantly, you will have to show that diversion is conducive with your personal safety as well as the safety of the community.

If the Crown consents to your charges being diverted through MHD, you will then meet with a mental health worker who will perform a further assessment and confirm that you are an appropriate fit for the program. Once accepted, you will have to accept responsibility for the offence and voluntarily participate in the program by complying with treatments that are prescribed to you, and by completing activities mandated by your mental health worker. If the Crown consents to your participation in the program, at your next court date we can appear on your behalf and notify the court that your charges are currently being resolved through mental health diversion. We will then set a return date several months down the line to allow you time to complete the program.

What happens after you get mental health diversion:

If you have successfully completed the program by the return date, the Crown will withdraw the charges against you. Once the charges are withdrawn, your involvement with the authorities for this offence will completely end. It is important to note that you will not receive a criminal conviction if you were diverted through MHD. While you must accept responsibility for the offence, it is important to note that mental health diversion is not the same as an admission of guilt, nor is it a finding of guilt. As such, you will not be convicted of the offence and it will not show up on basic criminal record checks. However, note that mental health diversion can show up on some enhanced criminal record checks like police information checks or vulnerable sectors checks for the period of one year.

By contrast, if you fail to complete the program, on the return date the Crown will reinstate the charges against you and continue to pursue your conviction.

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

All our 30-60 minute free consultations are conducted with one of our Criminal Defence Lawyers and include the following steps:

  1. Gathering of some personal information about you, such as your level of education, occupation, and citizenship status. This information can be crucial for building your defence and seeking a resolution with the Crown Prosecutor;
  2. Careful review of all documents you received from the police. We will explain what each document is, and what you can expect from and need to do for all upcoming appearances;
  3. Critical review of your recollection of events, and any supporting materials you choose to bring with you. This step helps us identify possible defences and avenues for further investigation; and
  4. Discussion of the court process, our fee structure, and what we can do to help.

Beyond these steps, we would be happy to tell you more about us, and answer any questions you may have. If you chose to retain us to help you, we will immediately provide an overview of what steps we plan to take next, and suggestions as to what you should do to improve your chances of a successful outcome.

For the free initial consultation to be as productive as possible, you should bring (or email in advance) the following materials:

  • A written statement (preferably typed) outlining your version of events;
  • All documents that you have been given by the court or by the police;
  • Any disclosure you have received;
  • Photo ID; and
  • Any supporting documents, such as photographs, emails, texts, phone records, medical records, receipts, etc.

Ideally, you will have prepared a copy of these materials for us to keep, but if not, we can always photocopy them during the consultation.

We offer flexible payment options and structures designed to meet our clients’ individual needs. Our lawyers accept all major credit cards, bank drafts, money orders, email money transfers (e-transfers) and, of course, cash.

If you decide to retain us after the free initial consultation, all we need is a retainer (down payment) to get started. The rest of the fee payments for the case can be spaced out over time. We can set you up on a monthly or bi-monthly payment plan, and process payments over the telephone or by email to make it easy for you.

The cost of a criminal defence lawyer will depend on several factors, including:

  1. how complex your case is,
  2. how serious the charges are, and
  3. how experienced the Criminal Defence lawyer is.

The fees of a competent Criminal Defence Lawyer will typically range into the thousands of dollars. The good news is that only a fraction of that amount is due initially. We offer flexible payment schedules so thefees can be paid in monthly installments.

Additionally, we offer flat rate fees, with no hidden costs. It is our standard practice to review all the costs during the free initial consultation. This means you will know exactly what our services cost at the outset and can make an informed decision about how to proceed.