Charleston Mental Health Diversion Programs
If you or a loved one was arrested in Charleston during a mental health crisis, West Virginia law may allow the case to be diverted into treatment instead of traditional prosecution. Charleston cases are generally handled in Kanawha County courts — this guide explains how diversion works there, who qualifies, and what happens after.
West Virginia law that applies in Charleston
W. Va. Code § 61-11-22 — Pretrial diversion.
- W. Va. Code § 62-15-1 (treatment courts)
Citations pending attorney review.
How a Charleston case moves into diversion
- 1. Arrest & booking. After a Charleston arrest, the case is filed with Kanawha 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 Kanawha County court or program staff.
- 5. Dismissal. Successful completion can lead to dismissed charges and possible record sealing.
Who may qualify in Charleston
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 West Virginia breakdown, see the West Virginia diversion guide.
Charleston diversion FAQs
Does Charleston have a mental health diversion program?
Criminal cases from Charleston are typically heard in Kanawha County courts, where diversion is governed by W. Va. Code § 61-11-22 (Pretrial diversion) and local court and prosecutor policy. Availability depends on the charge and program capacity — a local defense attorney can confirm current options.
Where are Charleston criminal cases heard?
Most Charleston arrests are prosecuted in the Kanawha 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 Charleston?
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 West Virginia law.
Can felony charges in Charleston be diverted?
It depends on West Virginia law and the specific charge. Some West Virginia programs accept certain felonies; others are limited to misdemeanors. A Charleston diversion lawyer can review whether your charge is eligible.
What happens if I complete diversion in Charleston?
Successful completion of a West 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 Charleston?
Look for a criminal defense attorney who regularly practices in Kanawha County courts and has handled diversion or mental health court cases. You can request a match through this site at no cost.