Tampa Criminal Mental Health Lawyer

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Tampa Mental Health Lawyer | Hillsborough County Attorney for Mental Health Legal Issues

Navigating legal challenges when mental health is a factor requires a lawyer who understands both the complexities of the law and the nuances of mental health. At The Brancato Law Firm, P.A., our Tampa mental health attorneys are dedicated to protecting your rights and guiding you through the legal system with expertise and compassion. Serving clients across Tampa and Hillsborough County, we provide skilled representation for individuals and families facing legal matters where mental health plays a critical role.

With over 25 years of experience in the Tampa Bay area, attorney Rocky Brancato, author of How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for that Matter, has a deep understanding of how mental health intersects with the law in Florida. He is committed to ensuring that mental health concerns are properly addressed in your legal case, advocating for outcomes that prioritize well-being and legal rights.

Experienced Legal Help for Mental Health Cases in Tampa & Hillsborough County

Our firm handles a wide range of legal cases in Tampa and Hillsborough County where mental health is a key consideration. We have extensive experience in:

Criminal Defense with Mental Health Components:

Building strategic defenses in Tampa criminal cases involving mental health issues, such as insanity, diminished capacity, or seeking mitigation based on mental health history.

Tampa Mental Health Court and Diversion Programs:

Guiding eligible clients through specialized court programs in Hillsborough County that focus on treatment and rehabilitation as alternatives to traditional sentencing.

Competency to Stand Trial Proceedings:

Representing clients in Tampa competency hearings and working towards competency restoration when mental illness or intellectual disability impacts their ability to understand legal proceedings.

Advocacy for Individuals with Mental Illness in Custody:

Ensuring the rights and mental health needs of incarcerated individuals in Tampa and Hillsborough County are met.

Tampa Veterans Treatment Court:

Providing dedicated representation for veterans in Hillsborough County facing legal issues related to service-connected mental health conditions, connecting them with vital resources.

Tampa Drug Court:

Facilitating evaluation and entry into drug court to life-changing treatment to those who are ready.

Baker Act and Involuntary Commitment Defense:

Challenging unlawful Baker Act detentions and advocating for appropriate care and release in Tampa.

Collaborating with Leading Mental Health Experts in Tampa

A strong defense in mental health-related legal cases in Tampa requires collaboration with qualified clinical professionals. We work closely with a network of trusted experts in the Tampa Bay area, including:

Forensic Psychiatrists: Providing expert evaluations, diagnoses, and testimony on psychiatric conditions relevant to your Tampa legal case.
Licensed Psychologists: Conducting psychological testing, forensic assessments, and competency evaluations to provide crucial evidence and expert opinions.
Licensed Clinical Social Workers (LCSWs) and Mental Health Counselors (LMHCs): Offering valuable insights into a client’s mental health history, treatment needs, and available community resources in Hillsborough County.
Mitigation Specialists: Compiling comprehensive background information, including mental health history, to present a complete picture of our clients to prosecutors and judges in Tampa.

Our integrated approach means we don’t just consult with experts; we strategically incorporate their findings and testimony to build the most robust legal defense possible for your situation in Tampa or Hillsborough County.

Thoroughly Gathering Mental Health and Background Records

Building a comprehensive understanding of your or your loved one’s mental health history is crucial. Our Tampa legal team meticulously gathers relevant records, including:

Past and present mental health treatment records from hospitals, clinics, psychiatrists, and therapists in Tampa and beyond.
School records, including special education plans or behavioral reports, which can provide a history of challenges.
Records from counseling services and social service agencies in Hillsborough County.

These records are vital in establishing a clear picture of mental health challenges, supporting expert testimony, and effectively advocating on your behalf in Tampa courts.

Understanding Competency to Proceed in Florida

Florida law protects individuals who are not competent to proceed with legal charges due to mental illness or intellectual disability. This means they may not understand the charges against them or be able to assist their Tampa attorney in their defense.

We have significant experience navigating competency issues in Tampa and Hillsborough County, working to:

Initiate court-ordered mental health evaluations.
Collaborate with clinical experts to assess competency.
Advocate for appropriate treatment or placement if a client is found incompetent.

Tampa Mental Health Court: A Treatment-Focused Alternative

For eligible individuals in Tampa and Hillsborough County facing non-violent criminal charges and diagnosed mental illness, the Tampa Mental Health Court offers a specialized path. This program emphasizes court-supervised treatment, counseling, and support services aimed at addressing underlying mental health issues and reducing recidivism.

We help clients understand if they qualify for Mental Health Court in Tampa, assist with the application process, and provide dedicated legal representation throughout the program.

Tampa Veterans Treatment Court: Supporting Those Who Served

The Tampa Veterans Treatment Court in Hillsborough County provides a specialized docket for veterans in the criminal justice system with service-related mental health conditions like PTSD or TBI. This court connects veterans with VA services, peer support, and treatment to address the root causes of their legal issues.

Our firm proudly represents veterans in Tampa, advocating for their entry into this program and supporting them through the process.

Tampa Drug Court: Breaking the Cycle of Addiction

For individuals with non-violent drug charges in Tampa: Consider Drug Court. It serves Hillsborough County residents. This court breaks the addiction cycle. It avoids prosecution. The program uses rigorous treatment and accountability.

Who Qualifies?: Defendants with substance use disorders facing certain eligible drug charges in Tampa who are willing to enter a structured recovery program.
Program Features: Intensive treatment and regular drug testing. Court monitoring, counseling, and case management focused on recovery and rehabilitation in Hillsborough County.
Benefits: Successful completion can result in reduced charges, dismissal, or avoidance of incarceration, giving participants a second chance at rebuilding their lives in the Tampa area.

At The Brancato Law Firm, we assess client eligibility. We advocate for Drug Court entry. Our team guides clients through complex requirements. This helps maximize their chance for success.

Why Choose Our Tampa Mental Health Law Firm?

Local Tampa & Hillsborough County Focus: We have deep roots and extensive experience in the local court systems and with available resources.
Specialized Experience: Attorney Rocky Brancato has decades of experience handling complex cases involving mental health in Tampa.
Compassionate and Strategic Approach: We combine expert legal strategy with a genuine understanding of the challenges posed by mental health issues.
Collaboration with Experts: Our strong relationships with Tampa Bay mental health professionals strengthen your case.

Tampa Attorney Rocky Brancato, Author of How to Choose a Major Crimes Attorney

Attorney Rocky Brancato is the author of How to Choose a Major Crimes Attorney — or Any Criminal Defense Attorney for That Matter, a guidebook available for sale on Amazon. The book offers real-world advice on how to choose the right lawyer when facing serious criminal charges. As a visitor to our site, you can request a free copy at brancatolawfirm.com/tampa-criminal-defense-ebook — whether or not you decide to hire us. We believe it will offer you valuable insight from someone who knows the system inside and out.

Frequently Asked Questions About Mental Health Law in Tampa

What should I do if a loved one is Baker Acted in Tampa?

Contact an experienced Tampa Baker Act lawyer immediately. We can review the circumstances, challenge an unlawful hold, and advocate for their rights and appropriate evaluation or release.

Can a mental health condition affect a criminal case in Hillsborough County?

Yes. Mental health matters greatly in criminal defense. It can impact intent or capacity. This might lead to alternative sentencing. Diversion programs in Tampa are also an option.

How can a mental health lawyer help someone in jail in Tampa?

We can advocate for proper mental health evaluation and treatment while in custody. This allows us explore options for bond or alternative placement. It puts us in a better position to work towards a resolution that addresses their mental health needs.

If you or a loved one needs a dedicated Tampa mental health lawyer, contact The Brancato Law Firm, P.A. today. We are here to help you navigate these challenging legal waters in Tampa and Hillsborough County. Call us at 813-727-7159 for a confidential consultation.

Contact Brancato Law Firm, P.A.

It is estimated that 35% of Florida’s prison population suffers from a mental health condition of some kind. Rocky Brancato is prepared to work as a mental health lawyer on his client’s behalf. He can make sure they are provided with guidance on how to implement a proper mental health defense. Contact him today, 24/7, to learn how he can help.

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Charges Dismissed, First Degree Murder

Rocky represented a grandmother on first degree murder and aggravated child abuse charges. The grandmother’s young granddaughter drowned in the bathtub and had had a lacerated liver, which the State originally asserted was caused by physical abuse by the grandmother. Rocky hired a forensic pathologist and together Rocky and the expert conducted a full review of all medical records of the child. Rocky also took depositions of the state’s medical experts. Rocky and his expert were able to show that the child died from drowning and that the lacerated liver was caused by the grandmother’s and the first responders’ attempts to revive the child with CPR. The prosecutor dismissed the murder and aggravated child abuse charges. The grandmother plead guilty to a reduced charge of child neglect and received probation, since the drowning occurred with the grandmother stepped away from the tub to prepare dinner.

Client exonerated in violent rape case

Rocky represented a military veteran in a “cold hit” sexual battery (rape) case that had occurred 8-years prior to his client’s arrest. Rocky hired a DNA expert and together Rocky and his expert conducted a full review of all DNA in the case. The expert also attended depositions of the state’s experts with Rocky. After the depositions and complete DNA review, Rocky was able to show that his client was excluded as a contributor to the DNA profile collected from the victim. The prosecutor dismissed all charges in this case. The client was exonerated of this very serious charge.

Medical investigation leads to dismissal of aggravated child abuse case

Rocky represented a father who was accused of aggravated child abuse on his young daughter, who suffered an injured pancreas. The Child Protective Team doctor testified that the injury could have only come from intentional, blunt force trauma. Rocky hired a forensic pathologist and conducted a complete review of all medical records. Rocky and the expert were able to show that the injury on the pancreas was due to a “choledochal cyst,” which the child had since birth. The prosecutor dismissed the charges completely.