Mental Health and Criminal Law in Maryland: Key Insights You Should Know

Mental health and the criminal justice system have always been uneasy companions. The law is meant to hold people accountable for their actions, but mental illness can make that complicated. It raises tough legal and ethical questions about responsibility. If you or someone you know is facing criminal charges in Baltimore and mental health is a factor, it’s crucial to understand how the system works, what rights you have, and what legal options are available.

At Walsh-Little Law, we recognize that every case has its own unique set of circumstances. For individuals facing mental health struggles, the consequences can be even more serious. The good news is that Maryland law recognizes how mental illness can affect criminal behavior and provides options for legal defenses and alternative sentencing. Here’s what you need to know:

Mental Health and Criminal Charges: A Complex Relationship

Mental illness doesn’t fit neatly into legal categories. Its impact on criminal behavior can range from cases where a person is unaware of their actions to situations where untreated mental health conditions lead to poor decision-making. Mental health conditions often connected to criminal cases include schizophrenia, bipolar disorder, PTSD, and severe depression.

Police, prosecutors, and judges aren’t always trained to tell the difference between intentional wrongdoing and actions driven by mental illness. That’s why having an experienced criminal defense attorney who understands these nuances is so critical. The right legal strategy can make all the difference in whether a case results in jail time, treatment, or even dismissal.

Maryland’s Approach to Mental Health in Criminal Cases

Maryland law offers specific protections and legal options for individuals with mental health conditions facing criminal charges, including:

• Competency to Stand Trial – Before a case proceeds, the court must determine whether the defendant is mentally competent. If someone is unable to understand the charges against them or assist in their own defense, the court may order a psychological evaluation. If deemed incompetent, they may receive treatment rather than go to trial.
• Insanity Defense (Not Criminally Responsible – NCR) – In Maryland, the insanity defense is based on whether the accused, due to mental illness, was unable to understand the criminality of their actions or follow the law. If a defendant is found NCR, they are not simply released—they may be committed to a psychiatric facility rather than prison.
• Diminished Capacity – Unlike an NCR defense, which seeks full exemption from criminal responsibility, diminished capacity arguments are used to reduce charges. This defense does not absolve someone of guilt but can lead to lesser charges or mitigated sentences.

Mental Health Diversion Programs in Maryland

Jail is rarely the right solution for someone whose actions were influenced by an untreated mental illness. Recognizing this, Maryland has several diversion programs designed to steer individuals toward treatment rather than incarceration.

• Mental Health Courts – Some Maryland jurisdictions have specialized courts that focus on treating the underlying causes of criminal behavior rather than simply imposing punishment. Participants may undergo psychiatric treatment, therapy, and regular court monitoring instead of facing traditional sentencing.
• Crisis Intervention Teams (CIT) – Some police departments in Maryland have trained officers who respond to situations involving individuals experiencing a mental health crisis. These officers aim to de-escalate situations and, when appropriate, direct individuals to mental health services rather than making an arrest.
• Probation with Mental Health Treatment Conditions – Even if someone is convicted, courts may consider sentencing alternatives that include mandatory treatment rather than incarceration.

Why Mental Health Matters in Sentencing and Plea Bargains

Prosecutors in Maryland often take mental health into account when negotiating plea deals. While not every case qualifies, defendants with documented mental health conditions, especially those with a treatment plan in place, may be eligible for reduced charges, lighter sentences, or alternative penalties like community service or rehabilitation programs.

A strong legal defense can also demonstrate how mental health issues influenced the alleged offense, helping the court see the defendant as a whole person rather than just the charges they face. A lawyer skilled in this area can work with medical professionals to present compelling evidence that treatment—not jail—is the appropriate solution.

How a Criminal Defense Attorney Can Help

Navigating the criminal justice system is challenging enough. When you add mental health into the mix, things can feel even more overwhelming. That’s why having a defense attorney who understands both the law and the complexities of mental health can make all the difference.

At Walsh-Little Law, we approach every case with a keen awareness of the unique challenges faced by individuals with mental health conditions. We work to:

• Advocate for competency evaluations when necessary
• Build strong NCR or diminished capacity defenses
• Negotiate plea deals that incorporate mental health treatment
• Explore diversion programs and alternative sentencing
• Ensure our clients are treated fairly and with dignity

Final Thoughts: Your Rights, Your Future

A criminal charge doesn’t have to define your future, especially if mental health is a factor. The Maryland legal system provides pathways to justice that take mental health into account, but you need an advocate who knows how to navigate them.

If you or someone you care about is dealing with criminal charges in Baltimore and mental health plays a role in your case, don’t go it alone. Contact David Walsh-Little today for a consultation. We’ll help you understand your options and fight for the best possible outcome—because your future matters.