Many individuals charged with crimes in California have underlying mental health conditions that influence their actions. If you or a loved one has a mental health issue and needs legal help, a Calabasas criminal defense lawyer from Simmrin Law Group can provide support.
When mental health and the criminal justice system intersect, the results are not always fair or just for those involved. We have decades of experience protecting our clients’ rights and working to resolve their cases, including those involving 5150 and 5250 holds.
Mental health laws can be complex, but our Calabasas mental health lawyers can get you professional medical help and assess other needs while representing you. Call us today for a consultation.
Understanding How 5150 and 5250 Holds Work in California
In California, there are laws to help people experiencing severe mental health crises:
- 5150 Hold: This is a 72-hour hold where a person can be taken to a mental health facility for evaluation. It is used when someone is a danger to themselves or others or is gravely disabled due to a mental disorder.
- 5250 Hold: If more care is needed after a 5150 hold, a 5250 hold can be placed. This extends the hold for up to 14 more days for further evaluation and treatment.
These holds aim to protect individuals and others around them. However, they can be confusing and stressful for the person involved and their family. You don’t have to take this on alone. Our Calabasas mental health rights attorneys can help you.
5150 Hold (72-hour hold)
When someone is placed under a 5150, they have the right to be told why they are being held and the criteria used to justify the hold. If they want to challenge the hold, they can request a court hearing, known as a writ of habeas corpus, to review its legality.
They also have the right to secure representation from an attorney during any hold-related hearings. Additionally, individuals have the right to make phone calls to inform family, friends, or an attorney about their situation. They can refuse medication unless it’s an emergency or a court order.
They are entitled to humane treatment, so they should be treated with dignity and respect and receive proper care. Lastly, their medical records and personal information must remain confidential. It can be shared only with authorized individuals.
5250 Hold (14-day hold)
When someone is placed under a 5250 hold, they must be informed about the reasons for the extension and the criteria used to justify it. Within four days, they have the right to a certification review hearing, where a hearing officer evaluates if an extended hold is necessary.
During this hearing, the person has the right to have an attorney or a patient advocate represent them. Even after the certification review hearing, they can file a writ of habeas corpus to challenge the hold in court if they disagree with the outcome.
They also have the right to call family, friends, or an attorney for support. The right to refuse medication continues unless it’s an emergency or a court orders it. Individuals are entitled to dignity, respect, and proper care. If the 5250 hold continues, they have the right to a probable cause hearing within seven days to further evaluate the necessity of the hold.
For a free legal consultation with a mental health lawyer serving Calabasas, call (310) 896-2723
Our Calabasas Mental Health Attorneys Represent Clients With 5150 and 5250 Cases
Although mental health holds aim to keep people safe, they have rights, as outlined above. If you have recourse against an improper 5150 hold or feel your rights were violated, our lawyer can review your situation and determine if we can help you challenge it.
We can review the situation and advise you on the next steps to take to pursue a case. We will:
- Explain the rights you have during a 5150 (or 5250) hold in plain language.
- Gather evidence to make your case at a certification review hearing or
- Represent you during court hearings to protect your right to due process and fair treatment.
- Challenge the hold if you believe it is unjustified.
- Ensure you receive the appropriate care and respect while under a hold.
- Coordinate with mental health professionals to create a care plan for you or your loved one.
- Guide you on your legal options and pursue the best course of action.
- Handle all the required legal paperwork during the hold process.
- Review alternatives to a restrictive hold, such as outpatient treatment or other less-restrictive options.
- Monitor health facilities to make sure they comply with legal standards.
Our Calabasas mental health rights lawyers will support you throughout the mental health treatment process and your case. We can discuss your case and explain topics, such as the difference between 5150 and 5250 holds, and answer your questions. Call today to get started.
Calabasas Mental Health Lawyer Near Me (310) 896-2723
We Represent Clients With Mental Health Cases Headed to Court
Whether you’re seeking help for yourself or a loved one, our criminal defense lawyers can help if you have mental health issues and are facing trial. These actions can make sure you get fair treatment and the right support.
If you or your loved one must go to court, we can do the following:
Evaluate a Defendant’s Competency
Our criminal defense attorneys can help check if a defendant can stand trial. This means looking at mental health issues to see if they understand the charges and can help in their defense.
Develop Defenses in Mental Health Cases
We may be able to develop mental health defenses, like insanity or diminished capacity, to show that the defendant’s mental state at the time of the crime should reduce their responsibility or lead to lighter charges.
Advocate for Alternative Sentencing
We can advocate for various sentencing options, like mental health treatment programs or rehab, instead of jail time. This focuses on fixing the mental health challenges that might have led to the crime.
If we go to trial, we will present your case to the judge and jury and use the evidence to present your account of the events that occurred. After the trial, we will explain the decision. If the outcome is not in your favor, we can consider filing an appeal to a higher court for review.
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Our Calabasas Mental Health Lawyers Can Help You – Call Us
Whether it’s dealing with 5150 or 5250 holds or facing criminal charges related to mental health, having a Calabasas mental health lawyer fighting for you can make a big difference.
If you or a loved one is facing a mental health crisis or legal issue related to mental health in Calabasas, don’t wait to get help. Simmrin Law Group will guide you through this challenging time. Call or contact us online now for a confidential consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form