A 5150 is an involuntary hold that lasts up to 72 hours. You can be placed on a 5150 if a healthcare professional determines you are a threat to yourself or others or are gravely disabled. During your hold, you will remain in a psychiatric hospital.
Simmrin Law Group can help those dealing with 5150 holds and hearings. Our criminal defense lawyer can provide you with information about involuntary holds. We can also answer common questions surrounding what qualifies someone for a 5150 and related topics.
What Is a 5150 Hold?
A healthcare professional can use a 5150 hold to put someone into a psychiatric hospital against their will. The hold can be up to 72 hours long but can end before then. There can be instances in which a hold is extended as well.
To be placed on a 5150 hold, an individual must meet any of the following criteria:
- A person threatens to take their own life and is seriously considering committing suicide.
- A person poses an imminent threat to others and/or plans to carry out a threat against others. In this situation, the threat is related to a mental health disorder that this individual experiences.
- A person has a mental health disorder that has rendered them incapable of providing food, clothing, and shelter for themselves.
Getting placed on a 5150 hold can be stressful and scary. You are responsible for following through on any instructions and treatments provided by the psychiatric hospital. If you choose to ignore or not follow the hospital’s guidance, you may be subject to a 5250 hold.
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What Is a 5250 Hold?
A 5250 is an involuntary hold that extends up to 14 days. This type of hold can be requested following a 5150. Before a 5250 hold request is approved, a treating facility must prove there is probable cause for it.
Ultimately, a Certification Review Hearing is held to determine if a 5250 hold is needed. In the hearing, a Mental Health Hearing Referee reviews information provided by a treating facility. The patient may be represented by a patient’s rights advocate.
A Mental Health Hearing Referee makes the final decision on a 5250 hold. If the referee agrees with the treating facility, a patient may be held at a psychiatric hospital against their will for up to 14 days. Comparatively, if the treating facility does not make a compelling argument, the referee may decide a 5250 is not required.
What Happens After a 5150 Hold?
There are four possible outcomes from a 5150 hold:
- The patient is released from the treating facility.
- The patient agrees to stay at the treating facility voluntarily.
- The patient’s stay is extended via a 5250 hold.
- The patient is referred to the Office of the Public Guardian to initiate a conservatorship investigation.
Your treating facility dictates whether a Certification Review Hearing is held to determine if your involuntary hold will continue. If the facility has concerns about your well-being and safety, it may request a hearing. Or, if you show progress during your hold, the facility may deem you ready for release.
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Is a 5150 Hold Added to My Criminal Record?
A 5150 is included on your medical record but does not become a part of your criminal history. This is due to the fact that the hold is not considered a criminal arrest. Meanwhile, you can review your medical record at any time to see information about your 5150.
Any 5150 hold gets documented on your medical record. The treating facility tracks the date your hold began, the length of time you remained at the facility, and other relevant information. This information will not be removed from your medical record.
If you are convicted of a crime following a 5150 hold, this becomes a part of your criminal record. If you face a conviction, you can seek out help from a criminal defense attorney. That way, you can get legal help as you dispute any charges against you.
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Can I Hire a Lawyer to Help Me During a 5150 Hearing?
You can hire a 5150 hold attorney to assist you during a hearing. If you intend to do so, look for a 5150 hold lawyer with many years of pertinent experience. This attorney understands the complexities of Certification Review hearings and can help you plan accordingly.
The ideal 5150 hearing attorney has a criminal defense background and knows how to protect their client’s legal rights. This lawyer makes sure your best interests are considered during your Certification Review Hearing. The attorney also verifies that your legal rights during your involuntary hold are not violated.
Keep in mind that a 5150 hearing lawyer cannot guarantee their results. The attorney can provide legal recommendations to help you during a 5150 hearing. At the same time, the lawyer will advocate for you.
Is It Possible to Avoid a 5150 Hold?
You cannot necessarily avoid a 5150 hold. If a healthcare professional believes you pose a risk to yourself or others or cannot take proper care of yourself, you may be placed into an involuntary hold. However, there are things you can do to avoid extending your hold, such as:
- Avoid harming yourself and others
- Avoid arguments with the treating facility staff and other patients
- Avoid touching and other types of physical contact with staff members and patients
- Follow the instructions provided by staff members
- Do your best to eat, sleep, and clean up after yourself
A 5150 hold represents an opportunity to step back and get help with a medical health disorder. You can use the opportunity to learn, which may enable you to become the best version of yourself moving forward. If you are successful, you can move past your hold and use the experience to grow as an individual.
Where Can I Go for Legal Help if I Am Dealing with a 5150 Hold?
Simmrin Law Group makes it easy to connect with an attorney to help you with a 5150 hold. To learn more, please get in touch with us today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form