In California, if a police officer or certain medical professionals believe that someone with a serious mental health condition is in danger or a threat to the public, they have the authority to place that person on a 5150 psychiatric hold.
These holds are supposed to protect people during moments of crisis. Unfortunately, they are not always used correctly. If you or a loved one has been placed on a 5150 hold and you believe it was done unfairly, or you are worried about the situation escalating into a 14-day hold, the Covina mental health lawyers at Simmrin Law Group are ready to step in.
We have decades of legal experience and are confident our Covin 5150 holds lawyers have what it takes to protect your rights.
What a 5150 Hold Means in California
A 5150 hold refers to a short-term involuntary detention that can last up to 72 hours. During this period, medical staff assesses the situation and determines whether someone needs further treatment or monitoring. Law enforcement and other professionals must reasonably believe one of the following statements to be true in order to place you on a 5150 hold:
- You are a danger to yourself and have made threats of self-harm or done something that strongly suggests you are not safe.
- You are a danger to others.
- Your mental health condition is considered a “grave disability”, meaning you are unable to provide for basic needs.
It is important to note that police do not need proof “beyond a reasonable doubt to initiate a 5150 hold. Instead, their belief that you are a danger to yourself or others must be reasonable at the moment. As a result, errors can happen through miscommunication and misinterpretation of mental health symptoms.
If you believe you or your loved one has been placed under an unnecessary hold, you’ll want to get in touch with a knowledgeable Covina 5150 holds attorney. A skilled mental health lawyer can provide the legal advice and representation you need to resolve this unfortunate situation.
For a free legal consultation with a 5150 holds lawyer serving Covina, call (310) 896-2723
What Happens After You’re Placed on a 5150 Hold?
Once you’ve been placed on a 5150 hold, healthcare providers will evaluate your condition. If they believe you still pose a risk to yourself or the public after a 72-hour window, they may recommend that the hold be extended to a 5250 hold, which means you could be held involuntarily for up to 14 days.
A 5250 hold requires a Certification Review Hearing, which gives you the opportunity to challenge the hold and explain why continued hospitalization is not justified in your situation.
When a 5250 hold is recommended, you have the right to do the following:
- Hire a 5150 holds lawyer in Covina
- Receive written notice that explains the reasoning behind the extension of your hold
- Have a patient rights advocate assist you
- Present evidence and witness testimony
- Have your lawyer question the evidence the facility has to support your hold
Covina 5150 Holds Lawyer Near Me (310) 896-2723
Facing Criminal Charges While on a 5150 Hold
Unfortunately, mental health issues and criminal charges often overlap. If you are dealing with both, you may have legal options under California Penal Code § 1001.36, which allows some individuals to enter a mental health diversion program instead of facing traditional prosecution.
To determine whether you qualify for such a diversion program, the court will consider the following:
- Whether your mental health condition contributed to the offense you’ve been accused of
- Whether treatment would reduce the chance of future offenses
- Whether you are willing to participate in a treatment program
- The seriousness of the charges you’re facing
- The penalties you face if convicted of a crime
You must remember that not every charge qualifies for a diversion program, and judges have discretion in these situations. Our team of Covina 5150 holds attorneys can guide you through the process, gather evidence from healthcare providers, and present strong arguments as to why a diversion program is appropriate for you.
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How a Covina 5150 Holds Lawyer Will Help You
Trying to challenge a psychiatric hold alone can feel impossible, especially when you’re dealing with mental health struggles. Fortunately, our firm is here to take over the legal burden so you can focus on stabilizing and healing. Here’s what our 5150 holds lawyers in Covina will do to help you during this distressing time:
- Protect your rights and provide clear legal advice
- Handle communications with the hospital or facility
- Review the paperwork used to justify the 5150 or 5250 hold
- Explain how long a psych ward can keep you, and answer any questions you have
- Collect police reports, videos, witness statements, testimony from mental health professionals, and other evidence
- Prepare you for your Certification Review Hearing
- Challenge mistakes or exaggerations made by hospital staff and other parties
- Show that you can safely return home
- Use strong evidence to demonstrate that you are not a danger to yourself or others
- Advocate for the fastest possible release back to your home and family
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Meet With Our Covina 5150 Holds Lawyers for Free
If you or a loved one is being held on a 5150 or facing a potential 5250 hold, you’re probably worried and unsure about what will happen next. The sooner you involve a lawyer, the better your chances of securing a release and protecting your rights.
Turn to Simmrin Law Group to get the compassionate legal counsel and advocacy you need to challenge your hold and move past this challenging situation. We have handled over 100 jury trials, represented thousands of clients, and are prepared to take on your case. Contact us today to schedule a free consultation with a Covina 5150 holds lawyer from our team.
Call or text (310) 896-2723 or complete a Free Case Evaluation form