Mental Health and Criminal Charges: How Georgia’s Legal System Handles Complex Cases

Mental health and the criminal justice system often intersect in complicated and challenging ways. When someone living with a mental illness is arrested or charged with a crime, the situation becomes more than a legal matter; it becomes a personal crisis that demands thoughtful, informed representation. At The Spizman Firm in Atlanta, Georgia, we work with individuals and families to ensure mental health is properly considered throughout the criminal process, and we fight to protect the rights and dignity of those affected.
The Link Between Mental Health and Criminal Accusations
In many cases, individuals with untreated or poorly managed mental health conditions find themselves involved in the criminal justice system. This can include people living with disorders such as schizophrenia, bipolar disorder, PTSD, or severe depression. Often, their actions stem not from criminal intent, but from a lack of access to proper care or medication.
Unfortunately, the criminal system is not always equipped to handle these complex issues effectively. Without a proper legal strategy, individuals with mental illness may face harsh penalties instead of the treatment and support they truly need.
How Mental Health Is Considered in Georgia Courts
Georgia law does allow for mental health to be considered during both the trial and sentencing phases of a criminal case. There are several ways that mental health can influence a case:
- Competency to stand trial: A defendant must be mentally competent to understand the charges against them and assist in their own defense. If competency is in question, the court may order a psychological evaluation.
- Mental illness as a defense: In some cases, mental illness may be used as part of an insanity defense or to show a lack of intent, depending on the circumstances.
- Mitigating factor at sentencing: Even if a person is found guilty, evidence of mental health struggles may lead to reduced penalties or alternative sentencing options, such as treatment programs or mental health court.
Mental Health Courts and Diversion Programs
Some counties in Georgia have established mental health courts or diversion programs designed to address the root causes of criminal behavior tied to mental illness. These programs focus on rehabilitation rather than punishment and often involve close supervision, mandatory treatment, and frequent court check-ins.
Participation in these programs is not automatic; it often requires legal advocacy and negotiation. An experienced defense attorney can help determine eligibility and argue for placement in a program that prioritizes treatment over incarceration.
Advocating for the Help You Deserve
At The Spizman Firm, we take a compassionate and strategic approach to defending clients with mental health challenges. We work closely with mental health professionals, gather relevant records, and advocate for our clients in court to ensure their condition is fully understood and properly considered.
If you or a loved one is facing criminal charges and struggling with mental health issues, don’t face the system alone. Our Atlanta Criminal Defense Attorneys are here to protect your rights and fight for a just outcome.
We proudly serve clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today for a confidential consultation.
Source:
mayoclinic.org/diseases-conditions/post-traumatic-stress-disorder/symptoms-causes/syc-20355967
