Jan. 12, 2026
Defending mentally ill defendants brings unique legal challenges
Representing a criminal defendant with serious mental illness presents unique challenges--especially for private counsel, who must navigate not only legal issues, but questions of privilege and loyalty.
The Sixth Amendment guarantees all criminal defendants the effective assistance of counsel. This of course includes criminal defendants who suffer from serious mental illness. While California law recognizes the impact of mental illness on otherwise culpable conduct and provides for opportunities such as mental health diversion, which can lead to very favorable outcomes for clients, representing a cli...
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