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Mental Health Defense Tampa Attorney | Treatment Over Prison

Your brother was arrested again. He stopped taking his medication three weeks ago. Now he is in the Hillsborough County Jail, hearing voices and facing felony charges he does not understand. The jail medical staff won’t return your calls, and you feel completely alone.

This is where a specialized mental health defense Tampa attorney makes the difference between prison and treatment. Florida law provides pathways to help defendants get care instead of a conviction. However, accessing these options requires an attorney who knows the system inside and out.

I’m Tampa Attorney Rocky Brancato. For over 25 years, I have defended clients with mental illness throughout Tampa Bay. As the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, I directed strategy on thousands of cases involving schizophrenia, bipolar disorder, and PTSD. I was also an Elite Major Crimes Defense Attorney, handling the most complex cases in the system. I know how to turn a legal crisis into a chance for recovery. My firm, The Brancato Law Firm, P.A. can help in your criminal mental health case.

The Reality of Mental Illness in Florida Courts

The criminal justice system was not designed to treat mental illness. Yet, an estimated 35% of Florida’s prison population suffers from a mental health condition. Many of these individuals never received appropriate treatment before their arrest.

However, Florida statutes provide specific mechanisms that allow us to seek diversion. The key is acting fast. An experienced mental health defense Tampa lawyer can often intervene before the State Attorney files formal charges.

Strategic Defense Options

Mental illness intersects with criminal law in multiple ways. We use different legal tools depending on your specific situation.

Comparison: Defense Strategies for Mental Illness

Strategy	When It Applies	Potential Outcome
Competency to Proceed	Defendant cannot understand the trial.	Proceedings paused for treatment.
Insanity Defense	Defendant did not know right from wrong.	“Not Guilty by Reason of Insanity.”
Mental Health Court	Non-violent charges + diagnosis.	Charges reduced or dismissed.
Veterans Court	Service-connected PTSD/TBI.	VA services and peer support.
Mental Health Mitigation	Illness affected behavior.	Treatment-based probation.

Specialized Courts in Hillsborough County

Tampa offers specialized courts designed to treat rather than punish.

Tampa Mental Health Court

This program offers a path for eligible defendants with diagnosed conditions facing non-violent charges. Instead of jail, participants receive court-supervised treatment and counseling. Successful completion can result in the dismissal of charges.

Tampa Veterans Treatment Court

This docket serves veterans with service-related conditions like PTSD or traumatic brain injury. The court connects veterans with VA services and peer mentors who understand military service.

Tampa Drug Court

Many defendants struggle with co-occurring substance use disorders. Drug Court addresses both addiction and mental health simultaneously. It offers a chance to avoid incarceration through intensive recovery work¹¹.

Baker Act Defense

Florida’s Baker Act allows for involuntary examination, but it is sometimes misused. If your loved one has been improperly held, I can challenge the basis for the petition and advocate for their release. Note: we currently only handle Baker Acts connected to an actual criminal case.

Collaborating with Mental Health Experts

Effective mental health defense Tampa strategy requires a team approach. I do not just read records; I work with a trusted network of clinical professionals.

Our Expert Network

Expert Type	Role in Your Defense
Forensic Psychiatrists	Provide diagnoses and testimony on mental state.
Licensed Psychologists	Conduct testing and competency evaluations.
Mitigation Specialists	Investigate background to present a complete picture.

Frequently Asked Questions

Can mental illness get my charges dropped?

Yes, in some cases. Programs like Mental Health Court or Drug Court can lead to the dismissal of charges upon successful completion. Additionally, if a defendant remains incompetent for a statutory period (3-5 years), charges must be dismissed.

What should I do if my family member is Baker Acted?

Contact an attorney immediately. Baker Act holds have strict time limits. I can review the circumstances and challenge unlawful detention to prevent unnecessary stays in a facility.

Does Tampa have a court for veterans?

Yes. The Tampa Veterans Treatment Court is specifically designed for veterans with service-connected conditions like PTSD. It offers resources that civilian courts simply cannot provide.

What is the difference between competency and insanity?

Competency determines if the defendant currently understands the trial. Insanity determines if the defendant knew right from wrong at the time of the crime. Both defenses can apply to the same case.

Get Help for Your Loved One Today

If your family member is sitting in jail without their medication, time matters. The sooner we intervene, the sooner we can pursue treatment instead of prison.

I offer confidential consultations to families navigating this difficult system.

Call (813) 727-7159 Today to Discuss Your Family’s Situation. 24

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602.

What Our Clients Are Saying

Rocky Brancato was able to provide me with legal help that I didn't even imagine was possible. Because of his experience and knowledge he got me life changing results and that is no exaggeration. Rocky has an in depth knowledge of his field, decades of...

E. M.

Rocky Brancato is diligent, trustworthy, with an extraordinary human and professional quality, a gift for people and integrity. All these virtues make him an invaluable attorney. Rocky Brancato has been with our family since day one of this stressful, unfair...

Lein L.

I don’t even know how to start writing this. This man saved me from something I didn’t do. He’s the best.. thank you thank you .

Jonathan S.

Mr. Brancato deserves five stars from day one. He went over and beyond for me. He doesnt just handle small cases I was facing a trafficking fentanyl charge for something that I didnt do and Mr. Brancato got all of my charges dropped. He is a great attorney. He...

Andrea M

Rocky was exceptional at providing legal advice and was taking proactive steps throughout the process to assist in my legal matters. Fantastic service and results.

Javier L.

ROCKY IS GREAT HE DID IT TWICE FOR MY FIANCÉ

Mantha W.

I would recommend Mr. Brancato to absolutely anybody. I have been fighting this specific case for about 4 years now and he was able to set time aside to accommodate and was able to get the charges dismissed in less than a WEEK. I can’t thank him enough, and...

Kellz C.

The rare lawyer with a heart Mr. Brancato not only proved his legal acumen, but he did so with genuine empathy and caring. I felt he was personally invested in my success, and acted above and beyond my expectations. He kept me informed all steps of the...

Mark my words, THIS IS THE BEST LAWYER I’ve ever had the chance to meet and it’s been a pleasure and a major blessing to have him, i had a very difficult case but in less then 5 business day he took the weight of a planet off my shoulders . He goes above and...

Yian V.

Great attorney ! Handled client with care and answered all concerns! Thank you so much !!! A Hard worker is this guy! Thank You for all you did for my fiancé!

Kailyn B.

Rocky Brancato was knowledgeable, responsive, and very professional throughout the entire process. I highly recommend this law firm.

Noel F.

Rocky was the best lawyer i have recieved! He always kept me updated and talked me through everything i couldnt have asked for a better lawyer! Hoping i never have to use him again but he is my go to!! Thank yu rocky it was a pleasure

Lucciano Carmelo

I felt very lucky to be represented by brancato law firm Never had any issues with communication or help with resources and made the whole process easier to navigate Very greatfull he helped me reach the best outcome

Logan Traun

Atty Rocky Brancato is an excellent attorney. He genuinely cares about his clients. You would not find anyone else as compassionate and talented as he is as a lawyer. I would 100% recommend him.

Ana R.

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