Mental Health Diversion Retroactivity Not Intended

It is not uncommon for someone to call us about a son or daughter who is currently in prison and to tell us that their child’s attorney never asked the judge to consider the mental illness of the child and that had the judge or prosecutor fully known about the mental illness or condition, there would have been a very different outcome. We then ask when their loved one went to prison and it is six years earlier. Is mental health diversion retroactive in such a case? To read a case summary that addresses this issue, please click on the following link –

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