When a person is arrested, it can result in various outcomes. Some arrests result in criminal charges, but other arrests result in an involuntary commitment under the 5150 code. A 5150 hold is for 72 hours, and having a Burbank 5150 holds lawyer from the Simmrin Law Group can help you navigate this tricky situation.
Arrest Under 5150 Holds
California Health and Safety Code 5150 allows law enforcement or medical facilities to place an involuntary hold on a person for 72 hours when they believe a person is a danger to themself or others due to mental illness. Police officers can also take the person into custody for 72 hours with probable cause for further assessment and crisis intervention. They can also place the person in a designated treatment facility for evaluation and treatment.
These arrests are complex, but when you have a 5150 holds lawyer in Burbank, they can defend charges brought from a 5150 mental disorder commitment. When an officer intends to place you on a 5150 hold, they must inform you of the intent and ensure the person understands they are not under criminal arrest. Officers can also allow the person to gather personal effects to take to the holding facility and make a phone call.
For a free legal consultation with a 5150 holds lawyer serving Burbank, call (310) 896-2723
After the 72 Hours
The hold is only for 72 hours, and once that time passes, authorities can request an additional involuntary hold of 14 days or press criminal charges. For the two-week hold, you must attend a Certification hearing. The 14-day hold falls under California Welfare and Institutions Code section 5250.
After the 14-day hold, the facility can seek an additional 30-day hold under section 5270.1 when a person is unwilling to accept treatment. These holds apply to people arrested for felonies or misdemeanors. Since a person can be held for an extended period, it is vital to have a lawyer familiar with 5150 holds and all related mental health codes.
Another outcome after the 72-hour hold is being released or signing in as a voluntary patient. Work with your Burbank 5150 holds attorney to find the best solution.
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Impact of 5150 Holds
Aside from criminal charges, other issues have long-term impacts on your life. Seventy-two hours can seem endless, and if you are also put on a 5250 hold, the consequences are worse. Some complications of mental health holds include the following:
Involuntary holds have the intention of helping people, but they are traumatic experiences. These holds can exacerbate an existing mental health condition. It also brings shame and isolation because the committed person does not want anyone to know what they are going through.
The trauma of these holds can require additional mental health care and can stay with a person for life.
Your employment status will also be impacted because no one will inform your employer what is happening. You miss time off work, and without communication with the employer, they assume you have abandoned your job. You will lose income during this time, leaving you unable to pay your bills.
Personal Relationship Problems
Family and friends also suffer from these holds. It is confusing and distressing, and they have no idea what’s happening or how they can help. There is a stigma around these holds, which can impact your supportive relationships.
Some loved ones become scared to be around you and will distance themselves, causing more harm to your mental health.
Mental health holds limit the ability for someone to possess a firearm for life under federal law. While it is a constitutional right, it is taken away when put under a mental health hold. You can fight these actions, but it is challenging.
Many consequences come from a 5150 or 5250 hold, and you must fight these psychiatric holds.
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Fighting a Psychiatric Hold
While you assume that a 72 hold is of no consequence, there are many, and it can lead to additional psychiatric holds and a spiral of other impacts on your life. Take these steps when you can to fight a 5150 hold.
- Get legal counsel: meet with a Burbank 5150 holds lawyer who has experience with various mental health laws and can explain your rights and options.
- Request a hearing: if you have gone into a 5240 hold, you can request a hearing within four days of being placed on the hold.
- Gather evidence: evidence to fight mental health holds includes prior medical and mental health records, witness statements, etc.
- Challenge the hold: your Burbank criminal defense lawyer can challenge the qualifications of the individual who put you on hold and the basis for their actions.
- Seek treatment: if you are fighting criminal charges and have a mental illness or condition, you should establish a treatment plan when you are released. A treatment plan shows you are willing to manage your condition and reduce the prospect of future harm, and an aftercare plan will be essential to challenging the hold and any resulting charges.
- Appeal: an unsuccessful hearing is not the end. Appeals are complex, and psychiatric holds are traumatic events made worse by the legal implications, but you can request an appeal with the help of a 5150 holds attorney in Burbank.
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Getting Help for a 5150 Hold
California Health codes are supposed to help people in need, but they are often used against individuals to force criminal charges. You can lose your constitutional rights and suffer other consequences under a 51550 hold.
These traumatizing experiences can hinder your life, and you should not have your life turned upside down because of your mental condition or illness. More awareness and treatment options should be available to anyone managing their condition, and it shouldn’t be the basis of criminal charges.
Involuntary holds require professional assistance, and the Simmrin Law Group has spent years studying these codes and their impact on individuals. Call or complete our contact form for a case evaluation with a Burbank 5150 holds lawyer.
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