MENTAL HEALTH LAW

Advocating for treatment over incarceration.

Studies report that 40 percent of individuals with serious mental illnesses have been in jail or prison at some time in their lives. By ignoring this reality, society ignores one of the biggest root causes of crime. Even a brief incarceration can have life-changing implications. Hawk Criminal Law believes that both the general public and the accused are better served by an approach that emphasizes treatment and reform over incarceration or forced institutionalization.

Susan Hawk is dedicated to removing the stigma associated with mental health issues and addiction, seeking legal remedies that help rebuild lives and reduce repeat offenses. She routinely helps clients and their families with:

  • Criminal charges stemming from a mental illness or an episode stemming from mental illness

  • Incompetency or insanity defense

  • Assistance obtaining a mental health warrant for a loved one

  • Involuntary Commitment Proceedings

  • Assistance obtaining mental health treatment while guiding individuals and their families through the criminal justice system

Hawk Criminal Law is also certified by the State Bar to assist in guardianships of individuals who are incapacitated due to special needs.

  • “Thank you to Susan Hawk for making Guardianship of our special needs son as painless, quick and thorough as we could ever expect. Our entire experience was handled professionally and with positive results. Susan Hawk was a blessing to our family.”

    FORMER MENTAL HEALTH LAW CLIENTS, ROD, GLENDA & LANE C.

  • “Our son was a first-time offender and had four misdemeanors and a felony filed against him during a psych hospitalization. Susan had a thorough understanding the legal system and knew exactly how to approach each charge. I highly recommend her when it comes to navigating the complexities of legal situations.”

    FORMER MENTAL HEALTH LAW CLIENT, S.W.

  • “Susan Hawk has been a Godsend to our life. My grandson was struggling with severe depression and was hospitalized. Susan walked with us through the legal process from the time he was admitted to the hospital until he was released into our care. She was caring and compassionate, and at the same time was very upfront about our legal options.”

    FORMER MENTAL HEALTH LAW CLIENTS, J.S. & J.J.

FAQs

  • With founding partner Susan Hawk's 25+ years of experience handling intricate criminal cases, including her tenure as the Dallas County District Attorney and a State District Court Judge, she brings inside perspective and unmatched expertise to the table. But what truly sets Susan apart is her unwavering dedication to her clients' well-being and success. She is passionately dedicated to criminal justice reform and rehabilitation and firmly advocates for fair outcomes while working tirelessly to break down the stigma surrounding mental health.

  • When Susan represents you, you're gaining an experienced attorney who places empathy at the forefront. She fully understands that you're not just another case; this situation affects your livelihood. Susan's commitment is to consistently prioritize your best legal interests, for both your short- and long-term success.

  • A Texas Mental Illness Warrant is a warrant issued by a Judge or Magistrate, when a person is mentally ill AND there is a substantial risk that they are an imminent danger to themselves or others and the necessary detention cannot be accomplished without emergency detention. If the application for a warrant is approved, then a warrant is issued, and the local sheriff or constable’s office will locate and detain the individual and transport them to the local psychiatric treatment facility. The warrant can be initiated by a peace officer or an individual.

  • You would be considered the “Applicant”. The applicant may apply for a MIW if they are 18 years of age or older with first-hand knowledge of the person’s behavior. The behavior must be specific recent act(s), attempt(s) or threat(s); and you (Applicant) must be willing to sign a notarized statement about the person’s behavior. Based on the application, the Judge or Magistrate will make a legal judgment as to whether the situation meets the legal reasons for issuing a MIW.

  • Yes. At Hawk Criminal Law, we understand Involuntary Commitment is a highly emotional and challenging process that can bring about many uncertainties. In general, an Involuntary Commitment is the use of legal means to commit a person to a mental health facility against their will or over their protests. Involuntary commitments are used to get a person necessary medical treatment for their mental health.

    In the mental health community, involuntary commitment is considered a “last resort” option. It is mainly issued when an individual is unable to care for him or herself and has demonstrated behaviors indicating they are a danger to themselves or others.

    It is also important to note that involuntary commitment is civil in nature and not criminal. However, Hawk Criminal Law is experienced in helping families through this legal process. The goal always being to avoid an individual from facing criminal charges while dealing with a mental health crisis. This process can sometimes help prevent an individual from becoming institutionalized in the criminal justice system and end the revolving door of incarceration due to lack of proper treatment.

Let’s talk

If you or a loved one are facing a legal matter involving a mental health issue, contact us today to arrange a complimentary consultation.