Montgomery Mental Health Diversion Programs
If you or a loved one was arrested in Montgomery during a mental health crisis, Alabama law may allow the case to be diverted into treatment instead of traditional prosecution. Montgomery cases are generally handled in Montgomery County courts — this guide explains how diversion works there, who qualifies, and what happens after.
Alabama law that applies in Montgomery
Ala. Code § 12-17-226 — District attorney pretrial diversion programs.
- Ala. Code § 12-23-1 et seq. (drug and treatment courts)
Citations pending attorney review.
How a Montgomery case moves into diversion
- 1. Arrest & booking. After a Montgomery arrest, the case is filed with Montgomery County prosecutors. Jail mental health staff may flag a condition at intake.
- 2. Defense request. Your attorney gathers treatment records and asks the court or prosecutor for diversion or mental health court referral.
- 3. Evaluation & plan. A clinician confirms the diagnosis and proposes a treatment plan for the court to review.
- 4. Supervision. You follow the plan with regular check-ins with the Montgomery County court or program staff.
- 5. Dismissal. Successful completion can lead to dismissed charges and possible record sealing.
Who may qualify in Montgomery
Courts commonly consider a diagnosed condition such as bipolar disorder, schizophrenia, PTSD, or major depression; whether it contributed to the alleged offense; whether treatment is likely to help; and public safety. Veterans may also be eligible for veterans treatment court where available. For the full Alabama breakdown, see the Alabama diversion guide.
Montgomery diversion FAQs
Does Montgomery have a mental health diversion program?
Criminal cases from Montgomery are typically heard in Montgomery County courts, where diversion is governed by Ala. Code § 12-17-226 (District attorney pretrial diversion programs) and local court and prosecutor policy. Availability depends on the charge and program capacity — a local defense attorney can confirm current options.
Where are Montgomery criminal cases heard?
Most Montgomery arrests are prosecuted in the Montgomery County criminal courts. Some minor offenses may go through municipal court. Mental health court dockets, where available, are usually run at the county level.
Who qualifies for mental health diversion in Montgomery?
Courts commonly look for a diagnosed mental health condition (bipolar disorder, schizophrenia, PTSD, major depression, and others) that played a role in the offense, a treatment plan likely to help, and no unreasonable public safety risk. Some serious or violent charges may be excluded under Alabama law.
Can felony charges in Montgomery be diverted?
It depends on Alabama law and the specific charge. Some Alabama programs accept certain felonies; others are limited to misdemeanors. A Montgomery diversion lawyer can review whether your charge is eligible.
What happens if I complete diversion in Montgomery?
Successful completion of a Alabama diversion program often leads to dismissal of the charges, and may open the door to sealing or expungement of the arrest record.
How do I find a mental health diversion lawyer in Montgomery?
Look for a criminal defense attorney who regularly practices in Montgomery County courts and has handled diversion or mental health court cases. You can request a match through this site at no cost.