Fairfax Mental Health Diversion Programs
If you or a loved one was arrested in Fairfax during a mental health crisis, Virginia law may allow the case to be diverted into treatment instead of traditional prosecution. Fairfax cases are generally handled in Fairfax County courts — this guide explains how diversion works there, who qualifies, and what happens after.
Virginia law that applies in Fairfax
Va. Code § 18.2-254.3 — Behavioral health dockets.
- Va. Code § 19.2-303.6 (deferred disposition)
Citations pending attorney review.
How a Fairfax case moves into diversion
- 1. Arrest & booking. After a Fairfax arrest, the case is filed with Fairfax 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 Fairfax County court or program staff.
- 5. Dismissal. Successful completion can lead to dismissed charges and possible record sealing.
Who may qualify in Fairfax
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 Virginia breakdown, see the Virginia diversion guide.
Fairfax diversion FAQs
Does Fairfax have a mental health diversion program?
Criminal cases from Fairfax are typically heard in Fairfax County courts, where diversion is governed by Va. Code § 18.2-254.3 (Behavioral health dockets) and local court and prosecutor policy. Availability depends on the charge and program capacity — a local defense attorney can confirm current options.
Where are Fairfax criminal cases heard?
Most Fairfax arrests are prosecuted in the Fairfax 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 Fairfax?
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 Virginia law.
Can felony charges in Fairfax be diverted?
It depends on Virginia law and the specific charge. Some Virginia programs accept certain felonies; others are limited to misdemeanors. A Fairfax diversion lawyer can review whether your charge is eligible.
What happens if I complete diversion in Fairfax?
Successful completion of a Virginia 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 Fairfax?
Look for a criminal defense attorney who regularly practices in Fairfax County courts and has handled diversion or mental health court cases. You can request a match through this site at no cost.