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Courts Cannot Deny Mental Health Diversion Simply Because Another Factor “Played a Bigger Role”
Los Angeles Criminal Defense A new published opinion from the Fourth Appellate District reaffirms how broadly Penal Code § 1001.36 was intended to apply — and reins in trial courts that use residual discretion to go beyond the statute. A Riverside trial court denied Adam Flareau’s motion for mental health diversion after finding that, while his diagnosed mood and anxiety disorders did contribute to his confrontation with his sister, his fear of being outed to his conservative parents was the more dominant factor. The Fourth District Court of Appeal reversed — and the decision matters for every practitioner filing a § 1001.36 motion in Los Angeles and Southern California. What Happened Flareau was charged with assault with a semiautomatic firearm, […]
Criminal Cases Los Angeles – Special Laws for Some Pregnant Women or Women with children under 6 years of age.
Avoiding Prison Under California Penal Code Section 1174: A Pathway for Pregnant Women and Mothers with Young Children As a criminal defense attorney based in Los Angeles, I understand how stressful legal proceedings can be, especially for women who are pregnant or raising young children. Fortunately, California law provides options to protect these vulnerable individuals from the trauma and disruption of imprisonment. Penal Code Section 1174 offers a critical alternative to traditional incarceration in some situations. Call Los Angeles Criminal Defense Attorney now for a free consultation. What Does Penal Code Section 1174 Do? Under Section 1174, pregnant women and mothers with children under the age of six may be eligible to serve their sentence outside of prison. This law […]