Mental Health and Criminal Defense: Using Psychological Evidence in Court

In today’s justice system, mental health issues are increasingly recognized as a key factor in many criminal cases. For defendants in Miami and across South Florida, a proper mental health defense can mean the difference between prison and treatment — or even a full dismissal.

At the Law Office of Francisco Marty, we understand the complex connection between mental health and criminal behavior. We work closely with psychiatrists, psychologists, and forensic experts to build defense strategies that highlight your condition, protect your rights, and pursue a just outcome.

When Mental Health Becomes a Legal Defense

Mental health can play a critical role in several aspects of a criminal case:

• Competency to stand trial: Can the defendant understand the charges and assist in their defense?
• Insanity defense: Did the defendant lack the capacity to distinguish right from wrong at the time of the offense?
• Mitigation at sentencing: Can a diagnosis explain the behavior or reduce moral culpability?
• Alternative sentencing: Can therapy, inpatient treatment, or medication be substituted for jail?

These questions arise in many Miami criminal cases, including domestic violence, drug offenses, trespassing, theft, and even violent crimes.

Common Diagnoses in Criminal Defense Cases

• Bipolar disorder
• Schizophrenia or schizoaffective disorder
• PTSD (Post-Traumatic Stress Disorder)
• Depression and anxiety
• Intellectual disability
• Substance-induced psychosis
• Autism spectrum disorders

In many cases, the defendant has never been formally diagnosed until after the arrest — highlighting the need for an experienced criminal defense attorney who can identify and act on these red flags early.

Mental Health Defense in South Florida Courts

South Florida counties, including Miami-Dade and Broward, offer specialty courts such as Mental Health Court and Drug Court. These programs are designed for:

• Non-violent offenders
• Defendants with documented diagnoses
• Individuals willing to seek treatment and comply with program terms

Participants may be eligible for reduced charges, probation alternatives, and expungement upon successful completion.

How Francisco Marty Builds a Mental Health Defense

We begin by gathering all relevant records and arranging a professional psychiatric evaluation. From there, we may:

• Present expert testimony in court
• Negotiate reduced charges or treatment-based outcomes with prosecutors
• File motions to delay proceedings until competency is restored
• Argue for sentencing alternatives that prioritize mental health treatment

We also work with family members, caregivers, and medical providers to build a full picture of the defendant’s mental and emotional state.

Real Case Example: Misdemeanor Assault with Mental Illness

A client in Miami was charged with assault after a verbal outburst turned physical. Upon review, we discovered a long-standing diagnosis of schizophrenia and that the client had been off medication. We arranged treatment and presented this context to the court, resulting in a diversion program and no jail time.

Why Mental Health Should Never Be Overlooked

Ignoring a mental health diagnosis can lead to:

• Wrongful convictions
• Harsh sentences
• Repeat offenses
• Missed opportunities for support and recovery

The legal system is slowly adapting — but you need an attorney who will make sure your condition is acknowledged and factored into your case.

Serving Clients with Compassion and Strategy

Francisco Marty defends clients with mental health concerns in:

• Miami
• Coral Gables
• North Miami
• Homestead
• Fort Lauderdale
• West Palm Beach

You deserve a defense that understands you — and fights for more than a verdict.
If you or a loved one is facing criminal charges and struggling with mental health, contact Francisco Marty for a confidential consultation today.