Legal issues are always difficult, but especially so for those dealing with mental health issues. If you or a loved one has been arrested for a crime or held against your will on a 5150 hold, it is important to seek the advice of a knowledgeable attorney.
Our La Mirada mental health lawyers can explain your situation and advise you of your rights and options. We’ll advocate on your behalf so the court understands your situation and you have the opportunity to get the help you need.
Our mental health lawyers at Simmrin Law Group have decades of experience helping people with mental health issues manage their legal problems. Call today for a case evaluation to discuss your options.
Do You Need an Attorney?
It is always smart to consult with a lawyer whenever you are facing legal charges. A skilled lawyer can make the difference in the outcome of your case and your future. Help from an attorney is even more important if you are dealing with mental health issues.
Specific provisions under California law may allow you to avoid jail time due to your diagnosis. Or, you may have your charges reduced, depending on the specifics of the allegations against you. It is important to work with a lawyer who has experience with these rules and regulations.
While the California court system is sympathetic to people with mental health issues, sometimes aggressive prosecutors may fail to understand the complex challenges you face. Our La Mirada mental health attorneys will fight for your fair treatment and a positive outcome.
For a free legal consultation with a mental health lawyer serving La Mirada, call (310) 896-2723
How Can a Lawyer Help If I Am Accused of a Crime?
Our attorneys are versed in the California statutes that can impact people who deal with mental health issues. Don’t take a chance with your future when you are facing criminal charges. Some of the ways we can help may include:
- Protect Your Rights: Our attorneys will help you understand your rights, your charges, and your options.
- Investigate Your Charges: We will investigate the allegations against you to make sure you have been treated fairly throughout the process.
- Challenge Your Charges: If we find your right to due process has been violated, or can challenge specific pieces of evidence, we may be able to get your charges dropped or reduced.
- Ensure Appropriate Evaluations: We will make sure psychological evaluations take place to diagnose or illuminate your conditions and advocate for treatment rather than punishment.
- Diversion Programs: In some cases, we can push for pre-sentencing diversion programs that allow you to get the treatment and care you need instead of going to jail.
- Reduced Charges or Sentencing: If you are not a candidate for a diversion program, we may be able to get your charges reduced or argue for alternative sentencing.
If you or a loved one is facing criminal charges and dealing with mental health issues, it is important to get legal assistance that can make a difference in the outcome of your case.
La Mirada Mental Health Lawyer Near Me (310) 896-2723
Diversion Programs
California Penal Code §1001.36 allows people with mental health disorders the opportunity to get treatment through Diversion and Community Restoration Programs as opposed to facing the traditional consequence of criminal charges. The idea is to rehabilitate rather than punish.
Your attorney can advocate for a diversion program, and if the court agrees, your legal proceedings are put on hold while you receive treatment, often for up to two years.
If you complete the program, your charges can be dropped. If you fail to comply with or complete the program, your criminal proceedings will resume.
Requirements for a Diversion Program in California
Your lawyer can advise you if you may be a candidate for a pre–sentencing diversion. To qualify, your attorney must show that:
- You have a diagnosable mental health disorder
- Your disorder played a significant role in the alleged offense
- Your disorder will likely respond to treatment
- You will have to consent to treatment
- You will waive your right to a speedy trial.
- You are not a danger to the public.
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5150 Holds in La Mirada
In California, a police officer or licensed mental health professional can initiate an involuntary hold that detains you for 72 hours in a mental health facility without your consent. This is known as a 5150 hold.
You may be held on a 5150 if you pose a danger to yourself or others, or if you are gravely disabled and unable to care for yourself. The purpose is not punishment, but to provide emergency care and evaluation by mental health professionals.
Even though your detainment is involuntary, you still have rights.
Your Rights Under a 5150 Hold
Aside from the ability to leave the facility of your own volition, when you are under a 5150 hold at a mental health facility, you have the same rights as a voluntarily admitted person. The facility must inform you of these rights, which include:
- The right to refuse treatment
- The right to legal counsel at hearings
- The right to see a Patient’s Rights Advocate
- The right to see visitors
- The right to reasonable access to a telephone
- The right to keep and use your possessions
If you or a loved one is currently held under a 5150, and you believe rights have been violated, it is important to contact a mental health lawyer in La Mirada.
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5250 Holds
After the 72 hours have expired, you will face three possibilities. If your condition has improved and you no longer meet the criteria for the initial 5150 hold, you may be released. Alternatively, you may voluntarily remain in the facility to continue treatment.
The third possibility is that your condition has not improved, and you are still a danger to yourself or others, or unable to care for yourself. In this case, your stay and treatment can be extended for up to 14 days under a 5250 hold.
You will have a Certification Review Hearing within four days. You have the right to legal representation during the hearing. A knowledgeable attorney can collect evidence and present a case against further involuntary care. If successful, you may be released.
Get Help from a La Mirada Mental Health Attorney
If you are facing criminal charges, it is important to get the legal help you need. At Simmrin Law Group, our La Mirada mental health attorneys have the experience and knowledge to handle complicated criminal cases and involuntary holds.
Call today for a case evaluation and tell us what happened.
Call or text (310) 896-2723 or complete a Free Case Evaluation form