Those who live with bipolar disorder often face discrimination and misunderstanding on a daily basis. If they ever face criminal charges in Ohio, the legal system might not account for how the disorder influences behavior. Consulting an empathetic Cleveland bipolar disorder lawyer can be vital for families when their loved one is being charged with an offense.
Those with mental disabilities and illnesses may be misrepresented during legal proceedings, from initial bookings to trials. Having an attorney who can advocate for their rights and make sure the court fully understands their disorder is key to achieving the greatest outcome to their case. Elizabeth Kelley focuses on representing those with mental disabilities. She can advocate for them and their families throughout the legal process with the least amount of stress and trauma.
Bipolar disorder is a serious mental illness, with the DSM-5 categorizing it into seven possible diagnosis types. The most common forms include Bipolar I, which is defined by one or more manic episodes, often accompanied by depressive episodes. In severe cases, psychosis can develop. Bipolar II involves depressive episodes and hypomania, a less severe form of mania. Understanding these symptoms is vital for knowing how cases should be defended.
In 2024, an estimated 2.8% of adults in the United States were reported to have some form of bipolar disorder. It’s important to remember that, even if someone has bipolar disorder, they are more likely to harm themselves than others.
This concern is part of a larger mental health crisis, with many individuals facing serious risks without proper care — a reality highlighted in Ohio’s recent discussions on mental illness and criminal responsibility.
Around 55.6% of Ohioans with a mental illness didn’t receive treatment in 2023. Approaching those dealing with this disorder with empathy and compassion is the least they deserve. Having experienced legal counsel on their side is vital to making sure they aren’t being misrepresented in court.
In criminal cases, bipolar symptoms can often contribute to the conduct that led to their arrest. If a person is experiencing psychosis or mania, it can impact their judgment, impulse control, and perception of reality. It can be frightening for the person experiencing these symptoms, and a lack of education in law enforcement can lead to misunderstandings in legal conduct. These misunderstandings often reflect a broader issue of stigma against mental illness in the justice system. Elizabeth Kelley works to make sure the diagnosis of bipolar disorder is not ignored, skimmed over, or misinterpreted.
When a loved one is arrested, it’s often the family that seeks legal counsel. It can be frightening not to know what happened to your loved one, whether they’re receiving medication, or whether the jail is equipped to manage psychiatric conditions.
Elizabeth Kelley immediately:
Many Ohio jails are not prepared to manage severe mental illness. If your loved one is placed in the general population, it can result in the deterioration of their mental state, victimization, or self-harm. Similar concerns have been raised in other states, such as the ongoing problem of inadequate jail conditions for those with dementia. Early legal action can keep your loved one safe during the initial legal proceedings and treated humanely and in a clinically appropriate manner.
Factoring in a defendant’s mental state during legal proceedings is crucial. Many clients are first-time offenders. Others have a long history with the legal system but were previously represented by legal counsel unfamiliar with their disorder.
Elizabeth Kelley has spent years representing individuals with a spectrum of mental disabilities. She can work to make sure the disorder is integrated into every part of the defense strategy. A diagnosis by itself is not enough. Legal advocacy must represent how the illness directly affected the alleged offense and influenced the defendant’s behavior.
Elizabeth Kelley is experienced in identifying various mitigation strategies, such as seeking evaluations for mental health, advocating for incarceration alternatives, and coordinating with mental health professionals. Mental health courts and diversion programs — especially when supported by technological tools that aid communication with police — can be life-changing for those facing legal proceedings.
While our society is becoming more accepting of those with mental disabilities, we still have a long way to go. According to one study, two out of every five individuals who were put to death between 2000 and 2015 were diagnosed with a mental illness, like PTSD, schizophrenia, or bipolar disorder. Making sure the Ohio court is informed of the reality of bipolar disorder is vital to your loved one’s case.
Often, expert testimony is the deciding factor in whether a court will recognize the role that bipolar disorder has in a criminal case. Elizabeth Kelley regularly works with forensic professionals who can explain:
These professionals can conduct evaluations, prepare reports, and testify at hearings and trials. Their input is crucial for differentiating between intentional criminal conduct and any behavior resulting from their disorder.
Yes. Both federal and state law recognize bipolar disorder as a disability. It is listed as a mental impairment under the Americans with Disabilities Act as well as the Social Security Administration’s disability listings. In Ohio, this classification means that individuals with the disorder are eligible for accommodations, services, and legal protections in various facets of life.
To prove that the defendant has bipolar disorder, a licensed mental health professional must first make a formal diagnosis. Medical records, psychiatric evaluations, and expert testimony are used as proof. Expert witnesses may also be called in to explain the individual’s mental state at the time of the offense. Courts require clear, factual evidence that links the diagnosis to the defendant’s behavior.
In Cleveland, individuals with bipolar disorder can access services through the ADAMHS Board of Cuyahoga County, which funds and coordinates mental health services. Community providers, such as FrontLine Service and Recovery Resources, offer psychiatric care and crisis intervention. Mental health courts and diversion programs — especially when supported by technological tools that aid communication with police — can be life-changing for those facing legal proceedings.
The amount a person receives for bipolar disability depends on whether they qualify for Social Security Disability Insurance (SSDI). In 2025, the average SSDI benefit was approximately $1,976 per month. SSDI varies from case to case, factoring in work history, income, and resources. People living with bipolar disorder may be eligible, depending on the severity of their disorder and work history.
If your loved one has been charged with a crime and lives with bipolar disorder, immediate legal intervention is critical. Elizabeth Kelley, Attorney at Law, offers informed criminal defense for individuals with mental disabilities. To discuss your case in a confidential consultation, contact us today.
Call 509.991.7058 or fill out our online contact form.