Resisting Arrest as a Misdemeanor, Mental Health Diversion
Near Thanksgiving, 2021, our client, then age 25, was arrested for “fleeing a police officer while driving recklessly” (also known as evading arrest while driving, Vehicle Code § 2800.2) after she drove through Glendora from her old boyfriend’s home to her parent’s home, while honking her horn, speeding and running several stop lights while more than one police officer pursued her.
Once she stopped, seeing the police officers, she ran toward her house, only to be grabbed by a police officer who ran after her and carried her back to a police car. She kicked at the police officer and was also charged with obstructing or delaying arrest (Penal Code § 148(a)(1)).
Both charges were misdemeanors.
The family called up Greg Hill & Associates and explained their daughter’s arrest and her mental health struggles.
Greg then appeared in the West Covina Superior Court and later filed a Motion for Imposition of Mental Health Diversion, which was granted and the client was ordered to attend treatment through her health care provider, perform 100 hours of community service and abstain from all use of marijuana and alcohol.
After nine months of treatment, she stopped and Greg went to court for a progress hearing with no progress report from her health care provider because she had stopped counseling. The judge issued a bench warrant of $50,000 for our client.
About two months later, she was pumping gas in Glendora when some of the Glendora Police Department officers familiar with our client decided to stop their car behind her at the gas station.
Our client yelled at them to stop stalking her and to get away. The officers ran her identification and discovered she had an outstanding bench warrant. They then attempted to arrest her, but not before she kicked three of them and injured all three.
She was then charged with three counts of resisting arrest, a violation of Penal Code § 69, as a misdemeanor, and taken to court within the next 72 hours. The family retained Greg Hill & Associates on the new case and asked about having their daughter reinstated on mental health diversion on the first case and placed on mental health diversion in the second case. Greg said this might be possible.
The judge set bail at $125,000 on the second case and the client’s family decided not to post bail for their daughter. Greg then visited with her and urged her to request anger management and drug addiction counseling while in jail, which she did. While in jail, she also discovered she was about two months pregnant.
While seeking counseling at the Lynwood Women’s Jail, a case worker there recommended her for a residential dual diagnosis program called Project 180. The program was at a home in South Central Los Angeles.
Greg then went back to court at the next hearing and requested a conditional release of our client from the women’s jail to a representative of Project 180. The judge was somewhat skeptical of this, but allowed it and asked Greg what his overall plan was for the client in the two cases.
Greg answered the judge, stating he planned to seek reinstatement on mental health diversion for the client in the first case and imposition of mental health diversion in the second case, both through the Project 180 program and with continued counseling after the client was released from the program.
The judge seemed to appreciate the plan and set a hearing date for the two motions in the consolidated cases.
About a month later, Greg filed the motion and a few weeks later, the hearing took place at the West Covina Courthouse. During the hearing, a representative of Project 180, who drove our client to court from the program house, testified as to our client’s progress, attitude and the program in general. The judge granted the motion, reinstating our client on mental health diversion in the first case and placing her on mental health diversion in the second case.
The client and her family were extremely happy.
For more information about mental health diversion, please click on the following articles:
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