As Seen On Fox News: What Does New Jersey Defense Attorney David Gelman Say The Mental Health Crisis Is Doing To Our Courts?
By Gelman Law, LLC | Cherry Hill Criminal Defense
When a tragedy unfolds and the cameras turn to legal analysts, what gets said often matters far beyond the moment. On June 13, 2026, criminal defense attorney David Gelman appeared on Fox News alongside former acting ICE Director Jonathan Fahey to discuss the Midland, Texas shooting that left one person dead and ten others injured. The conversation quickly turned to something Gelman sees not just in the headlines, but inside courtrooms across New Jersey every single day: a mental health crisis that is quietly shaping how crimes happen, how they are prosecuted, and how they should be defended.
If you or someone you love is facing criminal charges and mental health is part of the picture, understanding your rights under New Jersey law could make a significant difference in your case. Call Gelman Law, LLC at 856-861-4236 or reach out through the online contact form to schedule a consultation today.
The Fox News Segment: What David Gelman Said About Crime And Mental Health
When the host turned to David for his take, he agreed with Jonathan’s framing without hesitation. “There’s a mental health crisis in this country,” Gelman said on air. “And frankly, I see it all the time when I’m in court every day.” Gelman’s message was direct: getting struggling individuals access to mental health care could prevent many of the crimes we keep seeing. “We could alleviate so many crimes if police are able to get these individuals the mental health they deserve,” he said. “Even though the police are doing a fantastic job, they can only do so much.”
That commentary carries weight coming from an attorney who sees the inside of courtrooms daily. The mental health crisis Gelman described is not an abstract policy concern. It shows up in the cases that land on defense attorneys’ desks across New Jersey, in clients whose struggles were never identified or addressed before an arrest changed everything.
Mental Health And Criminal Defense In New Jersey: What The Law Actually Allows
New Jersey law recognizes that a person’s mental state at the time of an alleged offense is legally significant. Under N.J.S.A. 2C:4-1, a defendant may argue that due to a mental disease or defect, they lacked the capacity to appreciate the nature and quality of the act or to understand that the act was wrong. This is what most people refer to as an insanity defense, though that term oversimplifies a complex legal standard.
Beyond a full defense of mental disease or defect, mental health issues can also affect the degree of an offense. New Jersey’s Criminal Code includes provisions for diminished capacity under N.J.S.A. 2C:4-2, which allows evidence of a mental disease or defect to be introduced to negate a required mental state such as purpose, knowledge, or recklessness. The difference between a first-degree charge and a lower-degree charge can hinge on exactly this question.
Mental health can also factor significantly at sentencing. Judges in New Jersey have discretion to consider mental health history as a mitigating factor when determining an appropriate sentence. A defendant who has never received treatment, who was in a psychiatric crisis at the time of an offense, or who has since engaged in therapeutic care may be positioned very differently at sentencing than one whose mental health history was never documented or raised.
New Jersey has also developed several court-based intervention programs designed to divert individuals with mental health conditions away from traditional prosecution and toward treatment. The Mental Health Diversion Program allows eligible defendants to enter a structured treatment plan in lieu of criminal penalties. Successful completion can result in a dismissal of charges. For many people, this pathway changes everything.
When Mental Health Is Part Of Your Case: Practical Steps You Need To Take
If mental health is relevant to a criminal case, it cannot be an afterthought. It requires deliberate, early action. Here are the steps that typically matter most.
- Get evaluated promptly: A formal psychological or psychiatric evaluation creates a documented record of a defendant’s mental health history and current condition. Courts give significantly more weight to professional opinions than to statements from family members or informal accounts.
- Gather prior treatment records: Any history of psychiatric hospitalization, therapy, medication, or prior diagnosis is potentially relevant. These records can corroborate claims about mental health at the time of an offense.
- Raise the issue before the first hearing: Waiting until trial to introduce mental health as a factor is almost always a mistake. The earlier an attorney begins building this part of the defense, the more options remain open.
- Explore diversion eligibility: Not every person who has a mental health condition qualifies for diversion programs in New Jersey. An attorney needs to assess the charges, the defendant’s history, and the county where the case is pending to determine whether diversion is a realistic path.
- Coordinate with treatment providers: In many cases, showing that a defendant has already begun engaging in mental health treatment before the case resolves can support arguments for a more lenient outcome. Courts generally respond favorably to demonstrated accountability.
After any of these steps, the most important thing is to have an attorney who understands both the legal system and the human complexity behind these cases. The mental health angle in a criminal matter demands a defense that is both legally precise and genuinely compassionate.
New Jersey Courts And The Mental Health Crisis: What Gelman Sees Every Day
Camden County, Burlington County, Gloucester County, and courts throughout South Jersey handle an enormous volume of criminal cases. A meaningful number of those cases involve defendants who are struggling with mental illness, substance use disorders linked to underlying psychiatric conditions, or cognitive impairments that were never identified before the arrest. The same is true in courthouses in Trenton, Newark, and throughout the state.
Gelman’s comment on Fox News was not abstract. He was describing a reality that plays out in courtrooms from Cherry Hill to Atlantic City to the courts along the Route 1 corridor. The system, as it currently functions, is not always equipped to identify and respond to mental health needs in real time. That is precisely why having a defense attorney who takes the time to understand a client’s full background, not just the charges on paper, can change the trajectory of a case.
The conversation sparked by the Midland shooting points to something Gelman sees in New Jersey courtrooms every day: cases where mental health was never identified, never addressed, and never raised as part of the defense. Whether or not mental illness was a factor in any specific crime, the broader failure to connect struggling individuals with care has consequences that eventually land in court.
The question Gelman Law, LLC focuses on is not what policy should look like. It is what happens to the person sitting at that defense table right now, in this courthouse, facing these charges.
Frequently Asked Questions About Mental Health And Criminal Defense In New Jersey
Can a mental health condition get my criminal charges dismissed in New Jersey?
It depends on the specifics of your case. New Jersey law provides for a full defense of mental disease or defect, but the standard is demanding. More commonly, mental health factors are used to reduce the severity of charges, support diversion program eligibility, or argue for a lighter sentence. A criminal defense attorney in New Jersey can evaluate which of these options applies to your situation.
What is the Mental Health Diversion Program in New Jersey?
The Mental Health Diversion Program allows eligible defendants who have a diagnosed mental health condition to complete a structured treatment program instead of facing traditional criminal prosecution. Successful participants may have their charges dismissed. Not everyone qualifies, and eligibility depends on factors including the nature of the charges, the defendant’s history, and which county the case is in.
Does a history of mental illness help at sentencing in a New Jersey criminal case?
Yes. New Jersey law allows judges to consider mental health history as a mitigating factor at sentencing. A well-documented mental health background, combined with evidence of treatment and a credible plan going forward, can meaningfully influence the outcome. This is one reason why it is important to begin addressing mental health documentation early in the case.
Can mental health evidence reduce a first-degree charge in New Jersey?
Under the diminished capacity provision, evidence of a mental disease or defect can be introduced to negate a required mental state. If the prosecution must prove that a defendant acted purposely or knowingly, and mental health evidence undermines that element, the degree of the offense may be reduced. This is a technical legal argument that requires experienced handling.
What should I do if I believe mental health played a role in a loved one’s arrest in Camden County?
Contact a criminal defense attorney in New Jersey as soon as possible. Early intervention allows time to arrange psychological evaluations, gather records, and explore every available option before critical court dates. Gelman Law, LLC handles cases throughout Camden County, Burlington County, and across New Jersey.
Facing Criminal Charges In New Jersey? Gelman Law, LLC Is Ready To Help.
David Gelman’s comments on Fox News on June 13, 2026 reflected what he has seen in New Jersey courts for years. Behind many criminal cases is a person in crisis who never got the help they needed. The law provides tools to address that reality, but those tools have to be used by someone who knows how to find them and apply them. At Gelman Law, LLC, the firm works with clients across Cherry Hill, Camden County, Burlington County, and throughout New Jersey to build defenses that account for the full picture.
If you or a family member is facing criminal charges and mental health is part of the story, do not wait. Call Gelman Law, LLC at 856-861-4236 or submit a message through the online contact form to speak with a criminal defense attorney who will take your case seriously from the very first conversation.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
