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Mental Health and Theft Charges: Could San Diego’s Diversion Programs Keep You Out of Jail?

By San Diego Attorney on May 3, 2025

Mental health issues can complicate every aspect of a person’s life, including interactions with the criminal justice system. In California, a growing number of theft cases involve individuals struggling with mental health conditions.

If you or a loved one was arrested for theft and has a documented mental illness, there may be a more compassionate legal path available.

San Diego’s mental health diversion programs aim to address the root causes of criminal behavior, offering treatment and support instead of jail time. These programs are not automatic, and also require careful legal advocacy.

Mental Illness and Theft Charges in California

The link between mental illness and crime in California is complex. Many people charged with theft are not hardened criminals. They are individuals suffering from conditions like bipolar disorder, schizophrenia, depression, PTSD, or substance-induced psychosis. These conditions may impair judgment, lead to impulsivity, or create financial instability that contributes to alleged theft behavior.

Even minor offenses like shoplifting or petty theft can have serious legal consequences, including jail time, fines, and a permanent criminal record. But when mental illness is a contributing factor, California law recognizes that incarceration may not be the appropriate response.

What Is Mental Health Diversion?

Under California Penal Code Section 1001.36, eligible defendants may be diverted from the traditional criminal justice process and placed into a mental health diversion program. This program allows participants to receive treatment for their condition in lieu of prosecution. If the diversion is successfully completed, the charges can be dismissed.

The program is not just a second chance. It is a recognition that mental health should be treated, not punished.

Eligibility for Mental Health Diversion in San Diego

To qualify for mental health diversion in San Diego, several legal criteria must be met:

1. Diagnosed Mental Disorder: You must have a qualifying mental health diagnosis, such as bipolar disorder, schizophrenia, schizoaffective disorder, PTSD, or another condition listed in the DSM-5.
2. Connection Between Illness and Alleged Crime: The court must find that the mental illness played a significant role in the commission of the theft.
3. Suitability for Treatment: A mental health expert must confirm that you would respond to treatment.
4. No Serious Violence or Sexual Offense: The charge must not involve significant harm or pose an unreasonable risk to public safety.
5. Voluntary Participation: You must be willing to comply with the diversion program and its requirements.

Your San Diego theft defense lawyer must file a motion, provide evidence of diagnosis, and argue that diversion serves both your interests and the public’s.

How Diversion Programs Work in Theft Cases

If you are granted diversion, the criminal proceedings are put on hold for up to two years while you complete an approved treatment plan. The plan may involve:

• Inpatient or outpatient mental health treatment
• Therapy or psychiatric care
• Substance abuse rehabilitation
• Medication management
• Community support services

These treatment plans are closely supervised, and progress is regularly reported to the court. If you fulfill all conditions and complete the program, the court will dismiss the theft charge, and it will not appear as a conviction on your record.

Failing to comply, however, can result in reactivation of the prosecution and possible incarceration.

Theft Diversion Programs vs. Traditional Sentencing

Without diversion, a theft conviction—whether for petty theft, grand theft, or commercial burglary—can result in jail time, probation, fines, and a permanent mark on your criminal record. You may face serious consequences for employment, housing, and education.

But under a theft diversion program, the goals are different:

• Rehabilitation over punishment
• Treatment rather than incarceration
• Future prevention instead of labeling someone a criminal

California is actively encouraging jail alternatives for defendants with mental illness. This reflects a broader movement to decriminalize behaviors that stem from untreated mental health conditions.

The Right Attorney Can Make a Big Difference

Mental health diversion is not automatic. Prosecutors may oppose the request, and judges require strong documentation before approving a diversion plan. This is why having an experienced San Diego criminal defense attorney is essential.

Attorney James N. Dicks, founder of jD Law Criminal Defense Attorneys, is a Certified Criminal Law Specialist with over 30 years of experience in California courts. As a former LAPD investigator, he understands how mental health is too often overlooked in the criminal justice system, and he works tirelessly to change that.

Our firm can:

• Coordinate psychological assessments and expert testimony
• Gather medical records and treatment history
• Develop a customized treatment plan with local providers
• File a motion for mental health diversion and represent you at the hearing
• Advocate for dismissal or alternative sentencing if diversion is not granted

Whether you are facing a first-time petty theft charge or have a more complex record, we can help pursue a resolution that protects your rights and health.

Seek Legal Help Right Away

The best time to seek legal counsel is immediately after arrest or citation. Mental health issues should be addressed early in the legal process, preferably before arraignment, to give your attorney time to prepare a diversion motion or negotiate alternatives with the prosecution.

Even if your case has already been filed, you may still qualify for diversion. Do not assume you are out of options. Let us evaluate your case and build a strategy that fits your needs.

jD Law Criminal Defense Attorneys offers compassionate, experienced representation for people dealing with mental illness and crime in CA. We treat every case individually and take the time to understand your personal circumstances.

We believe that no one should be punished for having a mental illness, and we work to ensure the court sees the human being behind the charges.

Speak With an Experienced Theft Defense Lawyer in San Diego

With the right legal support, you may qualify for diversion, treatment, and a future that does not include a criminal record. We will help you fight for recovery, not punishment.

Contact jD Law Criminal Defense Attorneys today at (760) 630-2000 to schedule a free consultation. Our firm proudly serves San Diego and nearby communities, and we have Spanish-speaking attorney and staff.