If you or someone you love has been placed on a 5250 psychiatric hold in California, it means the hospital is seeking to extend involuntary treatment for 14 more days beyond the initial 72-hour 5150 hold. This is one of the most stressful and confusing experiences a family can face. Your freedom, mental health record, and long-term medical treatment may all be affected.
To understand exactly what you are facing, it may help to review the difference between 5150 holds and 5250 holds in California. But the key question many people ask during this process is:
Do I need a lawyer for a 5250 certification hearing?
While the law does not require you to have a lawyer, having legal representation can strongly affect whether the hospital can continue holding you.
The Simmrin Law Group defends patients and families facing involuntary psychiatric holds across Los Angeles.
Understanding a 5250 Hold
A 5250 allows the hospital to detain someone for up to 14 days if they believe the patient is still:
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A danger to themselves,
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A danger to others,
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Or unable to care for basic needs (legally called “gravely disabled”).
The decision to extend the hold must be reviewed through a certification hearing, sometimes called a probable cause hearing.
This hearing is your chance to challenge the hold before it becomes part of your treatment plan and mental health record.
What Happens at the Hearing
The hearing takes place inside the hospital and is overseen by a neutral hearing officer. The hospital staff presents their reasons for recommending continued detention. Their testimony is often based on medical notes written during moments of crisis—when the patient may have been scared, disoriented, or overwhelmed.
Without legal representation, the hearing tends to rely heavily on the hospital’s version of events.
A Los Angeles criminal defense lawyer or mental health defense attorney can challenge that narrative, provide context, and present additional evidence of stability or support systems outside the hospital.
Why Legal Representation Is So Important
A private attorney can:
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Question the accuracy of the hospital’s notes
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Present testimony from family or outside doctors
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Show that the patient has support and structure at home
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Argue for less restrictive alternatives, including voluntary treatment
This is particularly important because misunderstandings during crisis episodes are common. A calm, stable, and improving patient may still be recorded as “high risk” based on earlier behavior alone.
Legal representation ensures the full picture is considered.
If the Hearing Is Lost, You Still Have Options
Even if the 5250 is upheld, you may still challenge the decision through a Writ of Habeas Corpus in California. This allows you to ask a Superior Court judge to review whether the hospital’s decision was legally justified.
Frequently Asked Questions About 5250 Hearings in Los Angeles
1. Can I win a 5250 hearing?
Yes, it is possible to win a 5250 hearing. To be successful, the hearing officer must determine that the hospital does not have enough evidence to prove you are a danger to yourself, a danger to others, or gravely disabled. A lawyer can help challenge the hospital’s interpretation of your behavior and present evidence of stability, support systems, and less restrictive treatment options. Many 5250 holds are overturned when the full context of the situation is presented clearly.
2. Can I refuse medication while on a psychiatric hold?
In many cases, you still maintain the right to refuse medication, especially if the medication is not considered an emergency intervention. However, the hospital may request a Riese hearing, which is a separate legal proceeding to determine whether you can be forced to take psychiatric medication. Having legal counsel during this process can significantly affect the outcome.
3. How can an attorney help during a 5250 certification hearing?
An attorney can review medical notes, speak with family members, gather supporting documentation, challenge inaccurate or incomplete assessments, and present alternatives to involuntary hospitalization. They also ensure that the hospital is meeting its burden of proof—something that patients often cannot do effectively on their own, especially while under treatment.
4. Will a 5250 hold stay on my record?
Yes, a 5250 hold can appear on your mental health and medical record, and in some cases it may affect your ability to legally purchase or possess firearms. If the hold is overturned at the hearing or through a Writ of Habeas Corpus, those consequences may be avoided. This is one reason why fighting the hold early is so important.
5. What should I do if a loved one is facing a 5250 hearing in Los Angeles?
Act quickly. Certification hearings happen fast—often within four days. The sooner you speak to a lawyer, the more time you have to prepare supporting documentation, gather witnesses, and review medical notes. Simmrin Law Group can step in immediately to help protect your loved one’s rights and challenge the hospital’s recommendation.
Simmrin Law Group Can Help
The attorneys at Simmrin Law Group understand how overwhelming a psychiatric hold can be. We act quickly to protect your rights, challenge continued hospitalization, and help you pursue voluntary mental health treatment options when appropriate.
You do not have to go through this process alone.
Contact Simmrin Law Group today to discuss your options and get immediate support.
Call or text (310) 896-2723 or complete a Free Case Evaluation form