Compassionate, Client-Centered Resources

Getting Answers To Your Questions

When you have questions about your legal needs, you want to get the information you need as soon as possible and sometimes it is hard to know when you need professional help.  At The Law Office of Krista A. Chacona, you can find the answers you need to know how to proceed from a Texas attorney with 25+ years of experience. Get more detailed information about questions such as:

What is mental health court/docket?

Sometimes individuals with mental health issues who have been charged with a crime are eligible to have their case transferred to a  mental health court (MHC) or a mental health docket (MHD). MHC/MHD is still court, but the judge and the prosecutor have knowledge and experience dealing with defendant’s diagnosed with various mental issues and intellectual or developmental disabilities. Participant’s in MHC/MHD engage in mental health services as a condition of participation and upon completion of the program, their case is reduced or dismissed. Not everyone diagnosed with a mental health issue qualifies for acceptance.

What is a civil commitment?

A civil commitment is a court order to receive temporary mental health treatment, The order can compel treatment through in-patient or out-patient services.

What is a guardianship and when may it be applicable?

Guardianship is the legal process under which one person (a ward) surrenders the right to make some or all personal and/or financial decisions to another (the guardian). Guardianship may be granted if, because of a mental or physical condition, a person is substantially unable to 1) provide food, clothing and shelter for themselves; 2) care for their physical health; or 3) manage their financial affairs.

What are the criteria to be eligible for mental health court/docket?

Acceptance into the mental health court or docket is at the discretion or the prosecution and/or court. It is decided on a case by case basis. But to even be considered, the applicant must provide proof of a qualifying mental illness or intellectual or developmental disability and attest to their willingness to participate in the program. Complying with the treatment recommendations is a mandatory condition of participation.

What is diversion and how can it impact a criminal defense case?

Diversion is a broad term that describes everything from referring a person into social and/or mental health services in lieu of arrest, to post-arrest participation in a structured program. When a person is charged with an eligible criminal offense, they can apply for one of the prosecution’s diversion programs. These programs last for a varying periods of time and require participants to follow specific treatment recommendations (such as counseling, rehab or community services), adhere to certain program guidelines and report to court as directed. A participant’s compliance is monitored and if they successfully complete the program, their case is dismissed and they may be eligible to have the arrest expunged from their record.

Get The Answers You Are Looking For

If you have more questions about your legal needs, contact the Austin office of The Law Office of Krista A. Chacona by calling 512-846-7260 or scheduling your appointment online with a lawyer you can depend on.