Has a mental health condition affected your or a loved one’s involvement with the legal system? In California, mental illness can play a role in criminal charges, civil commitments, and court-ordered treatment.
Unfortunately, these situations are often legally complicated and emotionally taxing. When mental health issues surface in legal proceedings, it’s not always clear what rights apply or how to ensure proper care and fair treatment, but you’re not alone.
At Simmrin Law Group, a Garden Grove mental health lawyer can advocate for you and fight for a favorable outcome in your case. We have decades of experience, and we’re here to represent you as your mental health lawyer.
How the Lanterman–Petris–Short (LPS) Act Applies to Your Case
The Lanterman–Petris–Short (LPS) Act is an important California law that dictates how people with serious mental health conditions can be involuntarily detained and treated.
Its main goal is to balance each person’s need for treatment with the protection of their rights. Under the LPS Act, there are three main types of mental health holds:
- 5150 hold: This allows for a 72-hour involuntary detention if someone is deemed a danger to themselves or others. It is also an option if someone is gravely disabled due to a mental disorder.
- 5250 hold: If further treatment is necessary, the 5150 hold can be extended for an additional 14 days.
- Conservatorship: If you remain gravely disabled as a result of your mental health condition, the court can appoint a conservator to make decisions on your behalf.
These provisions are designed to help people receive the treatment they need while simultaneously protecting their constitutional rights along the way.
For a free legal consultation with a mental health lawyer serving Garden Grove, call (310) 896-2723
Mental Health Diversion: A Pathway to Treatment Instead of Incarceration
California Penal Code §1001.36 offers an alternative to traditional criminal proceedings for those with mental health disorders. This mental health diversion allows eligible individuals to receive treatment instead of facing jail time.
To qualify, you must:
- Have a diagnosed mental health disorder
- Have a disorder that contributed to the commission of your charged offense
- Agree to participate in treatment
If you successfully pursue and complete the diversion program, your charges might be dismissed. In turn, you’ll have a chance to seek recovery without grappling with the stigma of a criminal conviction.
Garden Grove Mental Health Lawyer Near Me (310) 896-2723
Assisted Outpatient Treatment (AOT) for Court-Ordered Community Care
Also known as Laura’s Law, Assisted Outpatient Treatment allows counties to implement court-ordered outpatient treatment for those with serious mental illnesses who have a history of non-compliance with treatment.
It is specifically designed to help people who are unlikely to survive safely in the community without supervision.
Here is the eligibility criteria for AOT:
- Being 18 years or older
- Suffering from a serious mental illness
- Having a history of psychiatric hospitalizations or incarceration
- Being unlikely to survive safely in the community without supervision
Participation in AOT is intended to be the least restrictive alternative necessary to ensure your recovery and stability.
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Crisis Intervention and Support Services: Immediate Help in Times of Need
In addition to the above legal frameworks, various crisis intervention and support services are available throughout the state of California. The following services aim to provide immediate assistance to individuals experiencing mental health crises:
- Crisis stabilization units: These are facilities that provide short-term care for individuals in crisis.
- Mobile crisis teams: These are teams of mental health professionals who respond to crises in the community.
- 24/7 helplines: These are hotlines offering immediate support and resources.
These services are designed to de-escalate situations and connect people with appropriate care.
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Legal Considerations for Families and Individuals: Protecting Rights and Ensuring Care
Finding your way through the legal side of mental health care can be complicated. It’s important to be aware of your rights and responsibilities under California law.
Here are some examples of considerations worth making:
- Informed consent: Individuals have the right to make decisions about their treatment, including the right to refuse treatment, unless they are deemed incapable of making informed decisions.
- Confidentiality: Mental health professionals are generally required to maintain confidentiality, with certain exceptions such as imminent risk of harm.
- Guardianship and conservatorship: In cases where an individual is unable to make decisions for themselves, a court may appoint a guardian or conservator to make decisions on their behalf.
- Due process rights: Individuals subject to involuntary treatment or commitment have the right to due process, including notice of hearings and the opportunity to be heard.
Call Our Mental Health Law Firm in Garden Grove for Legal Advice and Representation
If you or someone close to you is dealing with legal consequences connected to a mental health issue, you don’t have to go through this alone. It’s natural to feel lost during a time like this, but help is available.
Contact Simmrin Law Group as soon as possible. Our Garden Grove mental health attorneys are ready to support you while ensuring that California’s legal system treats you with fairness and understanding every step of the way.
The sooner you contact us, the sooner we can start guiding you through the process and standing up for what’s right.
Call or text (310) 896-2723 or complete a Free Case Evaluation form