Mental Health and Criminal Charges: A Modern Defense Approach in Miami

The criminal justice system in Miami—and across South Florida—is slowly evolving to recognize what defense attorneys have known for years: mental health plays a critical role in many criminal cases. Whether a person is facing charges for assault, drug possession, or resisting arrest, mental health issues often lie beneath the surface.

At the Law Offices of Francisco Marty, we take a compassionate, strategic approach to cases involving mental illness. Our goal is to ensure that our clients are not unfairly punished for behaviors stemming from treatable conditions—and to pursue the best possible outcome based on the facts and the human story behind them.

Mental Health and the Law: An Overlooked Reality

In Miami’s diverse and fast-moving environment, people with mental health conditions frequently encounter law enforcement. They may:

• Struggle with substance abuse or dual diagnosis
• Suffer from untreated anxiety, PTSD, or bipolar disorder
• React to stress, fear, or confusion in ways that are misinterpreted as aggression or defiance

Without proper representation, these individuals may face jail time instead of treatment.

Common Criminal Charges Linked to Mental Illness

Our firm often sees mental health issues connected to:

• Disorderly conduct or public disturbance
• Battery or assault, particularly in domestic settings
• Drug possession or self-medication offenses
• Trespassing, loitering, or resisting arrest without violence
• Probation violations tied to missed appointments or misunderstood conditions

Each of these charges requires not just legal defense—but context, compassion, and strategy.

Defense Strategies Focused on Mental Health

At Francisco Marty’s office, we use several proven approaches when mental illness is a factor:

1. Pretrial Diversion Programs

Miami-Dade offers mental health diversion programs that redirect qualifying individuals away from jail and into treatment or community-based care. We advocate for eligibility whenever possible.

2. Psychological Evaluations

We work with licensed forensic psychologists to evaluate our clients, assess competency, and provide expert testimony. This can lead to reduced charges or alternative sentencing.

3. Competency to Stand Trial

If a defendant cannot understand the charges or assist in their defense due to a mental condition, we may file a motion for competency evaluation, potentially delaying trial until proper treatment is administered.

4. Mitigation at Sentencing

Even if a client is found guilty, a mental health history can be used during sentencing to advocate for reduced penalties, treatment over incarceration, or probation with therapy conditions.

Miami’s Shifting Legal Landscape

In recent years, Miami-Dade has expanded access to:

• The Criminal Mental Health Project (CMHP)
• Specialty courts for veterans, addiction, and mental illness
• Crisis intervention training (CIT) for police officers

These shifts give experienced defense lawyers more tools to negotiate better outcomes for clients with mental health needs.

Client Story: A Breakthrough Outcome

One of our clients, a 22-year-old man with untreated schizophrenia, was arrested for resisting arrest during a manic episode. Instead of facing jail time, we secured a psychological evaluation, proved his condition impacted the incident, and advocated for placement in a community care program. Today, he’s receiving treatment—not punishment.

Final Thoughts

Mental health shouldn’t be a criminal sentence. If you or a loved one is facing charges in Miami and struggling with a mental health issue, it’s essential to have an attorney who understands the intersection of law, medicine, and advocacy.

At the Law Offices of Francisco Marty, we don’t just defend cases—we fight for fair, human-centered outcomes.

Call now for a confidential consultation and let us help you turn a legal crisis into a path toward recovery and justice.