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Can a Mental Health Diagnosis Years After a Crime Still Get You Out of Prison? Diversion PC 1001.36

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Manage episode 501324706 series 3389815
Content provided by Anton Vialtsin, Esq. and Anton Vialtsin. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Anton Vialtsin, Esq. and Anton Vialtsin or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

In this video, we break down the California Court of Appeal’s August 2025 decision in People v. Harlow, a case that redefines how courts handle mental health diversion under Penal Code § 1001.36.
🔎 What you’ll learn in this video:
~The story behind People v. Harlow and why the trial court denied diversion
~How the 2022 amendment to Penal Code 1001.36 changed the rules
~The difference between eligibility vs. suitability for diversion
~Why the Court of Appeal said a diagnosis made three years after the crime still counts
What this ruling means for defendants, lawyers, and the future of mental health in California criminal courts
⚖️ This case is a major win for those fighting for treatment over punishment. It shows how California law is shifting to prioritize rehabilitation instead of incarceration when mental illness plays a role in criminal behavior.
👉 Question for you: Do you think a late diagnosis should still qualify someone for diversion? Drop your thoughts in the comments!
💡 Subscribe to LAWSTACHE for more real case breakdowns in criminal law, California appeals, and courtroom strategies.
#MentalHealthDiversion #CaliforniaLaw #PeoplevHarlow #PenalCode100136 #EligibilityVsSuitability #lawstache

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:
*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...

  continue reading

162 episodes

Artwork
iconShare
 
Manage episode 501324706 series 3389815
Content provided by Anton Vialtsin, Esq. and Anton Vialtsin. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Anton Vialtsin, Esq. and Anton Vialtsin or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

In this video, we break down the California Court of Appeal’s August 2025 decision in People v. Harlow, a case that redefines how courts handle mental health diversion under Penal Code § 1001.36.
🔎 What you’ll learn in this video:
~The story behind People v. Harlow and why the trial court denied diversion
~How the 2022 amendment to Penal Code 1001.36 changed the rules
~The difference between eligibility vs. suitability for diversion
~Why the Court of Appeal said a diagnosis made three years after the crime still counts
What this ruling means for defendants, lawyers, and the future of mental health in California criminal courts
⚖️ This case is a major win for those fighting for treatment over punishment. It shows how California law is shifting to prioritize rehabilitation instead of incarceration when mental illness plays a role in criminal behavior.
👉 Question for you: Do you think a late diagnosis should still qualify someone for diversion? Drop your thoughts in the comments!
💡 Subscribe to LAWSTACHE for more real case breakdowns in criminal law, California appeals, and courtroom strategies.
#MentalHealthDiversion #CaliforniaLaw #PeoplevHarlow #PenalCode100136 #EligibilityVsSuitability #lawstache

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:
*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...

  continue reading

162 episodes

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