If someone suffers from a mental illness and law enforcement officials believe they could be a threat to themselves or the public, police have the authority to place these individuals in a 5150 hold.
If you believe you or someone you love has been placed in a 5150 hold unjustly, or you need help avoiding a longer 5250 hold, an experienced 5150 holds lawyer at the Simmrin Law Group can help. Contact our office for a free consultation today to discuss your legal options further.
Requirements for a 5150 Hold
Law enforcement officials must meet specific requirements before placing you in an involuntary 5150 hold. You only need to meet some requirements for a 5150 hold to apply. These criteria include:
- You must be a danger to yourself: This means you just have threatened or attempted to cause harm to yourself, or the police otherwise consider you a threat to your safety.
- You must be a danger to others or the public: This means you threatened or attempted to cause harm to someone else or the public.
- You must have a severe mental disability: Your mental illness must incapacitate you to the point where you cannot provide for your basic needs, including clothing, shelter, and food.
5250 Certification Review Hearings
After being placed on a 5150 hold, you will be evaluated by healthcare providers. If healthcare professionals determine you need continued treatment or medical interventions, they can file a motion for a 5250 hold, extending your involuntary hold to as much as 14 days.
Your rights are reduced in a 5150 hold but expanded in a 5250 hold. However, before a 5250 hold is in place, you have the right to a Certification Review Hearing. Some of the rights you have include:
- The right to have a 5150 holds attorney representing you and present evidence to support your case. This does not mean you have the right to be a public defender like you do when facing criminal charges, so you must hire a private 5150 holds lawyer to defend you.
- You have the right to a written notice describing why you are being held in a 5150 hold and why healthcare providers are requesting a 5250 hold.
- You have the right to a patient rights advocate who will help you understand your rights.
What to Expect During a 5250 Certification Review Hearing
During your 5250 certification hearing, your healthcare providers and your 5150 holds lawyer will present evidence to support their case. Mental health professionals will argue that a 5250 hold is necessary so you can continue receiving treatment.
A neutral third party oversees 5250 certification review hearings instead of a judge. The neutral third party’s findings will determine whether the 5250 hold will be granted or you will be released from the treatment facility. Your lawyer will advocate for your release and present evidence that shows the facility does not have enough evidence to keep you against your will.
Legal Options After a 5150 Hold When Accused of a Crime
When you have been accused of a crime and have a mental health condition, it may be in your best interests to consider mental health diversion under California Penal Code 1001.36. Mental health diversion allows you to get the medical treatment you need to control your mental health issues.
However, specific requirements must be met to qualify for mental health diversion. You will also need to meet specific requirements as part of the mental health diversion program. These programs are designed to treat the cause of your criminal behavior, so you can avoid incarceration and criminal penalties and move forward with your life.
Factors the Court Will Consider
The court system will take several factors into consideration when determining whether you should be approved to enter a mental health diversion program. Some of these factors include:
- How severe your mental health condition is, including potential treatment options, opinions from your healthcare providers, and the longevity of your mental illness.
- Whether you agree and are willing to participate in a mental health diversion program
- The type of criminal charge you are accused of committing, for example, someone charged with certain kinds of sex crimes or violent criminal offenses, is less likely to qualify for mental health diversion programs.
- The potential penalties of a criminal conviction include the risk of incarceration, having a criminal record, fines, and other consequences.
After hiring a 5150 holds lawyer to take on your case, you can learn whether mental health diversion is a good fit for your case. You can rely on your attorney to act in your best interests and work tirelessly to build a compelling case in your favor.
How Your 5150 Holds Attorney Will Help
Having an experienced 5150 holds attorney by your side as you attempt to avoid being held involuntarily is crucial. Although you are under no legal obligation to have a lawyer advocate for you at your 5250 hearing, the benefits of legal representation are undeniable.
Your 5150 holds lawyer will help ensure you understand your rights, gather compelling evidence to prove your mental health status, and advocate for you during your 5250 hearing and in court. When law enforcement officials have misconstrued your symptoms or the situation you find yourself in, you can rely on your 5150 holds attorney to investigate and help prove that you are not a threat to yourself or the public.
After carefully examining the specific details of your case, we can figure out which defenses are most likely to produce a favorable outcome.
Reach Out to a 5150 Holds Attorney for Help Today
Whether you are in a 5150 or 5250 hold, you have rights. Get help protecting your future and getting released when you contact, and experience 5150 holds lawyer at the Simmrin Law Group for a confidential case evaluation. Please fill out our secure contact form or call our office to start working on your hearing defense as soon as today.