Mental health is often a part of Virginia criminal defense, says Fairfax criminal lawyer

Mental health (MH) is often part of Virginia criminal defense. As a Fairfax criminal lawyer, I know that illegal drug users often are self medicating rather than merely seeking a thrill or the equivalent of relaxing with alcohol. Alcoholism has been classified as a MH issue. Sometimes actual and alleged criminal activity relates to depression, anxiety, schizophrenia, and bipolar status. Sometimes the prosecution itself causes or enhances depression. Post-traumatic stress disorder (PTSD) is another MH issue that may lead to self medication with drugs and alcohol. If you have a MH issue or mental illness, make sure that your Virginia criminal lawyer knows about it, is sensitive and receptive about it, and has or obtains the necessary understanding to deal with it in order to relate sufficiently with you and to assist you in your defense.

Must my Virginia criminal defense lawyer be a mental health expert to sufficiently defend me with my MH issue?

Your Virginia criminal defense lawyer does not need to be a mental health expert to sufficiently defend you if you have a MH issue. At the same time, it is important for you to ask your potential criminal defense attorney about their knowledge, experience and sensitivity in dealing with MH issues, and the extent to which they have no hesitation with your MH issue and addressing it. Too much bias, ignorance and prejudice already exists in society towards various MH issues. Your attorney should not add to that.

Should I seek the Fairfax MH court docket for my case?

The Fairfax County courts and prosecutor’s office are involved in the mental health court docket. You do not want to jump at that docket without first talking with your Virginia criminal lawyer about whether pursuing that docket is right for you and applicable to you, including what kind of disposition may be available through that docket, and the extent to which lack of success by you with the docket can result in a worse outcome than if you had not pursued that path in the first place.

Should I obtain MH treatment?

Today more than ever, good and often excellent mental health treatment is available. Unfortunately, ineffective, counterproductive, and overly expensive MH treatment also is too common. Make sure you choose wisely and that you check with coverage from your health insurance provider. If you are a military member or veteran, even though the military may pay for your MH treatment, make sure that it is good and treatment. The right MH treatment may, or may not, very much assist you with the settlement negotiations (ideally for no conviction) of your case and for any sentencing. As a particularly excellent example, one of my clients engaged in such wonderful, consistent and successful mental health treatment that at sentencing the prosecutor made my case for a favorable sentence to the judge — which I also advocated — without any prodding from me.

What if my mental health situation is undiagnosed?

One does not necessarily need to obtain a mental health evaluation or diagnosis to know if one has PTSD, ADHD or numerous other challenges. The benefit of obtaining such an evaluation can be if that helps with your criminal defense. Check with your criminal defense lawyer about what aspect of such an evaluation and related written report might assist for your defense.

Fairfax criminal lawyer Jonathan Katz pursues your best defense against Virginia felony, misdemeanor and DUI prosecutions. Call 703-383-1100, Info@KatzJustice.com or (text) for your free in-person initial confidential consultation with Jon Katz about your court-pending Virginia prosecution.