San Francisco Bipolar Disorder Lawyer

Bipolar Disorder Attorney in San Francisco, CA

Navigating the criminal justice system with a mental disability can be incredibly challenging and unforgiving at times. Individuals with a mental disability are more likely to be arrested and charged with a crime compared to those without a mental disability. They are also more prone to false confessions and receiving longer sentences. If you or a loved one has a serious mental disability such as bipolar disorder, don’t hesitate to speak with a San Francisco bipolar disorder lawyer. California continues to explore diversion programs and treatment-first approaches for individuals with serious mental illness. Understanding how these reforms may apply to your case is critical, and recent changes in California law aimed at keeping the mentally ill out of jail highlight the importance of seeking alternatives to incarceration.

What to Know About Attorney Elizabeth Kelley

Elizabeth Kelley is a criminal defense lawyer who practices across the United States, focusing on representing clients with mental disabilities. She is dedicated to advocating for those with mental and intellectual disabilities, working to bring attention to the context and nuances of recognizing mental health within the criminal justice system.
Her advocacy also highlights an important reality: people with mental disabilities are statistically more likely to be victims of crime than perpetrators. Recognizing this distinction can reshape how a case is presented in court and is further explored in the discussion on why individuals with mental disabilities are more often victims than criminals.

Understanding Bipolar Disorder Within Criminal Defense

Bipolar disorder is a serious mental illness with multiple designations that may be diagnosed, most commonly Bipolar I and Bipolar II. This mood disorder is marked by its alternating manic and depressive episodes. Some severe cases may even result in psychosis or hospitalization. In the context of the criminal justice system, it should be noted that bipolar disorder symptoms can often add to the individual’s conduct leading up to an arrest.

For example, mania or psychosis can significantly impact a person’s sense of judgment, perception of reality, and impulse control. While having a mental disability alone often can’t be used as a viable defense in most cases, it is still worth having the defendant’s condition fairly represented and considered within legal settings. With the help of a capable mental disability lawyer, a bipolar diagnosis can be effectively integrated into the defense strategy.

Access to consistent care is often uneven, which can worsen symptoms and increase legal risks. Recognizing the barriers people with disabilities face in obtaining mental health treatment can provide valuable context for mitigation arguments and influence how sentencing strategies are developed.

Severe bipolar disorder is estimated to impact about 2.8 percent of the adult population and around 2.9 percent of individuals aged 13 to 18. It’s also thought that more than half of those with bipolar disorder are not adherent to treatment meant to manage their symptoms.

Why Should I Hire a Bipolar Disorder Lawyer?

Criminal defense and bipolar disorder laws can be complex to understand, especially during the stressful experience of facing criminal charges as someone with a mental disability or their family member. It’s strongly advised to hire a bipolar disorder lawyer so your case can benefit from the skills and experience of a legal professional, especially one who understands how to represent the unique considerations a mental disability brings to a criminal case.

An experienced bipolar disorder lawyer knows how to immediately begin advocating on behalf of her client. This includes requesting jail mental health evaluations, getting in contact with court-appointed psychiatrists, and making efforts to secure bond or alternative placement options.

All criminal cases in the San Francisco area are handled by the San Francisco County Superior Court, particularly at the Hall of Justice. The county’s Hall of Justice is located at 850 Bryant Street, San Francisco, CA 94103. The specific legal venue may vary depending on where the alleged crime took place and other details of the case. You can discuss with your bipolar disorder defense attorney where your case may be heard.

Choose Elizabeth Kelley for Your Case

If you’re looking for a competent San Francisco bipolar disorder attorney, look no further than the law offices of Elizabeth Kelley. Elizabeth has overseen countless criminal defense cases, including bipolar disorder cases, and is dedicated to securing a successful outcome for your case.

FAQs

Is Bipolar Disorder Seen as a Disability in CA?

Yes, bipolar disorder is listed as a disability by both California state laws and federal laws. The disorder is recognized as a mental impairment under the Americans with Disabilities Act, according to the Social Security Administration. Under this designation, individuals diagnosed with bipolar disorder in California have the right to certain legal protections, services, and reasonable accommodations.

Is a Mental Disability Considered a Criminal Defense in San Francisco, CA?

In the state of California, being diagnosed with a mental disability such as bipolar disorder is not a legal defense. A skilled criminal defense lawyer can build a strong case on your behalf with evidence that speaks to how a bipolar disorder diagnosis is relevant within the alleged crime. Additionally, mental illness is often taken into account as a mitigating circumstance during sentencing.

Does Bipolar Disorder Ever Qualify for the Insanity Plea in San Francisco, CA?

In certain circumstances, individuals diagnosed with bipolar disorder may qualify for the insanity defense. The insanity plea is a type of defensive argument that asserts the defendant should not be held liable for the alleged crime due to their mental condition affecting their judgment when the offense took place. You can discuss the advantages and disadvantages of this defense strategy for your unique case with your attorney.

How Is Bipolar Disorder Proven in Court in California?

A California-licensed mental health care professional is needed to make a formal diagnosis in order to prove that a defendant has bipolar disorder. Psychiatric evaluations, medical records, and professional testimony are all forms of evidence that may be used to support the diagnosis in court.

Witness testimonies may also help to provide a clearer picture of the individual’s actions or behaviors. A court may need to evaluate the evidence to determine whether it can be referenced during the proceedings.

How Does a Bipolar Disorder Lawyer Help My Case?

There are numerous benefits to working with a skilled lawyer with years of experience representing individuals with mental disabilities. A bipolar disorder lawyer can assess how your condition may have contributed to your involvement in the crime, present a robust defense argument to the court, advocate for your rights, and assist you in acquiring accommodations throughout the legal process.

Contact Elizabeth Kelley for Your Bipolar Disorder Case

Feel confident about your criminal defense when you work with the dedicated and professional team at the offices of Elizabeth Kelley, Attorney at Law. Contact us today to schedule an initial consultation with a defense lawyer who cares about advocating for you.