Mental Health Issues

Helping Those Struggling With Mental Health Issues In Court

Individuals suffering from a wide variety of mental health issues often find themselves facing criminal arrest. This includes individuals struggling with chemical dependency issues and severe mental illness who never meant to cause any harm, and who have never before been in trouble with the law. 

Should this apply to you, the attorneys at Evans Oliver, PLC can help reduce or eliminate criminal penalties by raising a number of defenses relating to your mental health issues. Also, if you are facing a civil commitment action, which could result in confinement in an institution for up to thirty days, we can also be there providing assistance for you in every way we can. Whatever the circumstances, we will fight for you.

Defenses We Can Raise When You Are Charged With A Crime

Regardless of the severity of the crime, you are entitled to a number of affirmative defenses exonerating you from guilt. Chief among these is the insanity defense. If a court rules you are not guilty by reason of insanity at the time of the offense, courts cannot then send you to prison.

Proving insanity as a defense can be challenging, however. It is for this reason you will need an experienced lawyer who knows how to organize and present evidence in such cases, and who has access to expert witnesses such as skilled psychologists or psychiatrists who can testify on your behalf.

Attorney Tracy Evans has extensive history in trying these sorts of cases and raising insanity at the time of the offense as a defense in Virginia courts. This includes raising such a defense in a wide range of cases from assault and battery to first-degree murder charges. Before raising such a charge, he will discuss this option with you and help you understand whether raising such a defense will be helpful in your case.

Protecting Your Rights During Civil Commitment Determinations

Our lawyers routinely provide representation to individuals throughout Virginia at civil involuntary commitment hearings at local hospitals. We also provide representation at appeals of commitment determinations within our circuit courts. The involuntary commitment process is not like a criminal proceeding, and has as different standard of proof and looks at different evidence.  Our lawyers know what the burdens of proof and legal standards are for these hearings.  Over the past few years, we have participated in hundreds of these hearings. When representing you, we will devote a tremendous amount of time to your case. We will also develop the sort of strategy that best meets your needs and concerns.

Contact Our Law firm Today

To speak with an experienced criminal defense lawyer and discuss how mental health issues can impact the outcome of your case, contact Evans Oliver, PLC in Harrisonburg, Virginia, by calling 540-437-1966.