Forensic Assessment and Evaluation

Dr. Ermshar & Associates has expertise in the assessment, diagnosis, and treatment of mental health issues that can impact an individual’s legal proceedings.  We evaluate a wide range of psycholegal issues including; competency to stand trial, dangerousness, and diminished responsibility, such as the insanity defense.  A comprehensive forensic report can affect sentencing by addressing important mitigating circumstances related to a case.  In the sentencing phase of a trial, we can assess and evaluate risk for future violence in order to provide extenuating factors for the judge or jury to consider.

All forensic evaluations include a review of pertinent legal, clinical, and medical documentation, a clinical interview examining psychosocial history, incorporation of collateral data, and the administration of psychological testing and/or specialized forensic instruments to evaluate the presence of any psychological disorder or personality characteristics that may impede rational decision making, judgment, or awareness.  Dr. Ermshar and her team prepare a comprehensive written report that presents the most relevant facts and offers an opinion on the forensic issues assessed.  We are also available to testify about assessment methods, results, and conclusions of forensic evaluations.

Dr. Ermshar & Associates can conduct the following criminal evaluations:

  • Insanity / Criminal Responsibility
  • Mens Rea / Diminished Capacity
  • Competency to Stand Trial
  • Domestic Violence Evaluations
  • Violence Risk and Threat Assessment
  • Sex Offender / Sexual Violence Risk Assessment
  • Malingering evaluations

Dr. Ermshar & Associates also determines various civil competencies through comprehensive evaluations including:

  • Conservatorship
  • Risk Assessment for Imminent Danger to Self or Others
  • Termination of Parental Rights
  • Testamentary Capacity

If you or your client has suffered a psychological injury, Dr. Ermshar & Associates can conduct a personal injury evaluation to determine whether or not a person may qualify for compensation, including:

  • Workers compensation
  • Psychological Injury Due to Abuse
  • Employment Discrimination / Harassment / Sexual Harassment
  • Personal Injury
  • Posttraumatic Stress Disorder
  • Malingering of Emotional / Cognitive Impairments
  • Workplace Threat Assessments

Dr. Ermshar & Associates has experience working with immigrant populations from diverse cultural and ethnic backgrounds She provides psychological evaluation for immigration cases, including:

Immigration Related Psychological Evaluations

  • Adam Walsh Act: The Adam Walsh Act (AWA) involves immigration petitions among citizens and their relatives, and if the citizen has a prior sexual offense it can impact the ability to have these immigration requests granted. The AWA psychological evaluations utilize comprehensive sex offender risk assessment, psychological testing, and review of documents/records to determine whether the citizen poses any risk to the safety and well-being of the beneficiary.
  • Violence Against Women Act: This act advocates for any person who immigrates to the U.S., marries an American citizen, and experiences domestic violence. The Violence Against Women Act (VAWA) may allow victims of spousal abuse or domestic violence to attain lawful immigration status without the spouse’s petition. VAWA psychological evaluations are used to identify the nature, severity, and frequency of the abuse, as well as its impact on the individual.
  • Political Asylum & Extreme Hardship: For individuals seeking asylum in the U.S. due to fear of persecution or extreme hardship, they often require psychological evaluations as part of the asylum process to discuss the trauma, as well as provide recommendations to ensure their safety and health in the immigration process. The evaluation report is provided as legal support and evidence of the hardship that occurred, and is included as part of the legal immigration application.

Alternative Sentencing

Alternative sentencing is an evidence-based and effective treatment that benefits court-referred clients and the community at large.  In lieu of jail, adults and juveniles can be referred by the court to complete residential treatment, community service, or outpatient treatments such as anger management, alcohol and drug educational programs, or domestic violence counseling.  As forensic experts, Dr. Ermshar & Associates can negotiate and discuss alternative treatment plans to facilitate recovery-oriented options with legal and therapeutic teams.

Mental Health Diversion Assessments

Now introducing new mental health law for criminal cases, PC 1001.36 Diversion of Individuals with Mental Disorders. This statute stipulates that an individual must suffer from a DSM-5 identified mental disorder, and the mental disorder must play a significant role in the commission of the charged offense. In the opinion of a qualified mental health expert, the symptoms motivating the criminal behavior would also respond to mental health treatment. If the individual meets the threshold eligibility under this new law, a diversion program assignment may be warranted in lieu of jail time.

Dr. Ermshar, Board Certified Clinical and Forensic Psychologist, has over 20 years in conducting psycholegal evaluations, and she specializes in examining the cross-section between law and mental health for this legal standard. Call today for information about seeking assistance for legal evaluations within the framework of this new mental health statute.