Championing Your Mental Health. Protecting Your Freedom.
In San Diego, a mental health crisis shouldn’t result in a permanent criminal record. Under California’s Mental Health Diversion (PC 1001.36), the law recognizes that if a mental health disorder played a significant role in an offense, treatment—not incarceration—is the solution. At the Law Offices of Logan Noblin, we specialize in transforming criminal charges into opportunities for recovery and total case dismissal.
Don’t Let a Mental Health Crisis Define Your Future.
Logan Noblin is recognized as a premier strategist in Mental Health Diversion tactics. While many firms treat diversion as a “plan B” or a fallback when a trial looks risky, Logan views it as a primary offensive to secure his clients’ freedom and future. We focus on:
Defense In Every Corner
Clinical Nexus Establishment
We partner with elite forensic psychologists to prove that your condition was a “substantial factor“ in the incident. By establishing this clinical link, we satisfy the primary legal threshold for PC 1001.36, shifting the focus from criminal culpability to medical necessity.
Customized Treatment Advocacy
A judge needs a plan, not just a promise. We design comprehensive, court-approved treatment roadmaps that address specific judicial concerns regarding public safety while prioritizing your long-term recovery. We present a structured path that makes a dismissal the most responsible outcome for the court.
The “Prima Facie” Offensive
We don’t wait for the prosecution to move. We aggressively petition the court for a prima facie finding, demonstrating through evidence that you meet every legal eligibility requirement. This tactical strike forces the District Attorney to address the medical reality of your case rather than relying solely on the police report.
Dismantling “Criminal Intent”
Most crimes require a “willful” or “intentional” act. We utilize psychiatric records and expert testimony to show that during the moment of crisis, your mental state precluded you from forming the specific intent necessary for a conviction. We prove that the incident was a symptom of a disorder, not a choice.
Public Safety Mitigation
We proactively address the court’s greatest concern: community safety. By highlighting your history of compliance, professional ties, and a robust support network, we mitigate the perceived risk. We demonstrate that treatment is a more effective safeguard for the public than a jail cell.
The Wins
Despite a strenuous objection from the prosecutor, the judge granted our motion. Following one year of structured, successful treatment, the charges were fully dismissed and the arrest record was sealed. Our client was able to maintain their professional career and, most importantly, received the life-changing care they actually needed.
Our Proven 4-Step Blueprint
A mental health-related arrest in San Diego starts a high-stakes legal clock. The prosecution is often quick to label a crisis as a “violent act.” Logan Noblin uses a tactical roadmap to seize control of that narrative, pivoting the focus from “punishment” to “treatment” before the damage to your future becomes permanent.
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We don’t take the police report at face value. Officers are trained to spot crimes, not clinical symptoms. We secure the evidence they ignored to build a bulletproof medical defense:
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Not every case qualifies for diversion, and a mistake here can be costly. We conduct a rigorous legal audit to ensure you meet the strict criteria of PC 1001.36:
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This is where Logan’s “Strategist” side is most lethal. We bypass the prosecutor’s “win-at-all-costs” mentality and petition the judge directly:
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The goal is a completely clean slate. We don’t just get you into the program; we ensure you cross the finish line:
Common Questions
It is a California statute that allows individuals with qualifying mental disorders to have their criminal proceedings suspended while they participate in a court-approved treatment program. Upon successful completion of the program, the criminal charges are dismissed and the arrest record is sealed.
No. Unlike “Drug Court” or older “Veterans Court” models, Mental Health Diversion does not require a guilty plea. Your constitutional rights are preserved, and if for any reason you do not complete the program, your case simply returns to the criminal calendar without a conviction on your record.
Most disorders recognized in the DSM-5 qualify, including PTSD, Bipolar Disorder, Schizophrenia, Schizoaffective Disorder, and Major Depressive Disorder. It is important to note that Antisocial Personality Disorder, Borderline Personality Disorder, and Pedophilia are specifically excluded by law.
The court will dismiss your charges entirely. Legally, the arrest will be deemed “never to have occurred” for most purposes. This is a critical protection for your future, as it ensures your background check remains clean for employment, housing, and professional licensing.
Yes. Both misdemeanors and most felony charges are eligible for Mental Health Diversion. However, for felony cases, the court applies a more rigorous “Public Safety” analysis. We specialize in proving to the judge that treatment is a more effective long-term safety measure than incarceration.
The treatment period typically lasts between one and two years, depending on the severity of the allegations and the recommendations of the treating medical professionals.
Yes. While the court will listen to the concerns of any alleged victim, the final decision rests solely with the Judge. We focus on demonstrating that your treatment significantly reduces the risk of any future incidents, which ultimately serves the interests of the community and the victim.
Dual diagnosis is very common. Having a substance abuse issue does not disqualify you from PC 1001.36, provided we can show that a qualifying mental health disorder was a substantial factor in the offense. We work to find programs that address both issues simultaneously.
Because PC 1001.36 results in a dismissal and a sealed record, it is often the only way to save a professional career. By avoiding a conviction, you prevent the automatic triggers that lead to license revocation or suspension.
Treatment can be funded through private insurance, community-based programs, or county mental health services. As part of our “Success Roadmap,” we identify the specific providers that fit your financial situation and ensure the court approves the provider list.
Diversion motions are often denied because they weren’t supported by the right psychiatric evidence or a sufficiently detailed treatment plan. We can often renew these motions or appeal a denial by presenting a more sophisticated “Mitigation Packet” and clinical nexus.
In California, the law regarding PC 1001.36 and DUIs has been the subject of significant legal debate. While many prosecutors fight it, there are specific strategic ways to approach cases involving intoxicated driving when a mental health crisis is the underlying cause. We can review your specific case to determine if a path to diversion exists.
