Police are legally allowed to take someone into custody on a 5150 hold any time they have reason to believe that an individual suffers from a mental illness or medical condition that makes them a threat to themselves or the public.
If you or someone you love has been taken into custody on a 5150 hold, you may be scared and worried about what to do next. Fortunately, with help from a dedicated Irvine 5150 holds lawyer at the Simmrin Law Group, you can protect your rights and avoid a longer involuntary hold. Contact our team for a confidential consultation today to learn more about what to expect during a 5250 hearing.
Criteria for a 5150 Hold
Healthcare providers and law enforcement officials must meet specific criteria before they can play someone in an involuntary hold. A 5150 hold is an involuntary hold that can last up to 72 hours, at which point the mental health treatment facility will determine whether you should receive further treatment and be held against your will for up to 14 days in a 5250 hold.
The requirements facility staff and law enforcement must demonstrate include:
- The patient is a danger to themselves and threatened or attempted to harm themselves or commit suicide.
- The patient is a danger to others and threatened or attempted to harm the public or another party.
- The patient has a mental disability that prevents them from taking care of their physical and mental well-being, including meeting their needs for food, shelter, and clothing.
Your 5150 holds lawyer in Irvine, CA will step in and determine whether the 5150 hold is necessary and appropriate and gather the evidence needed to help you with your release.
For a free legal consultation with a 5150 holds lawyer serving Irvine, call (310) 896-2723
What to Expect During a 5250 Certification Review Hearing in Irvine
A 5250 certification review hearing comes when healthcare providers determine a patient requires additional treatment. The initial 5150 holds can last up to 72 hours, during which the treatment facilities staff will conduct thorough medical evaluations and begin treating you for your mental health issues. Then, if healthcare providers believe you require additional help, they can request a 5250 hold, which will extend your involuntary hold. 5250 holds can last up to 14 days, at which point a second hearing will occur to determine your next steps.
During a 5150 hold, you have rights, but your rights are restricted. You will get an additional right when you enter your 5250 certification review hearing. Your 5150 holds attorney in Irvine, CA, will be by your side to ensure your rights are upheld and protected.
Some of the rights you should be aware of include the following:
- The right to a patient rights advocate
- The right to hire a 5150 holds lawyer to present evidence during your 5250 hearing
- The right to present evidence during your 5250 hearing
- The right to written notice of why you were placed on a 5150 hold
- The right to written notice of why healthcare providers think a 5250 hold is appropriate
Irvine 5150 Holds Lawyer Near Me (310) 896-2723
How Irvine 5250 Certification Review Hearings Work
Understanding how 5250 certification review hearings work is vital if you hope to protect yourself. Judges do not oversee these types of hearings. Instead, a neutral third party, a mental health hearing referee, will listen to the healthcare providers, law enforcement officials, and your 5150 holds lawyer as they discuss what is next for your involuntary hold.
Healthcare providers and police will likely argue for additional detainment for up to 14 days in a 5250 hold. Your 5150 holds attorney will say that involuntary holds are unnecessary as you are not a threat to yourself and others and can take care of your basic needs.
Then, the mental health hearing referee will review the evidence and decide whether you should be released from the treatment facility or undergo additional treatment for up to 14 days. If the 5250 old is granted, you can expect a further hearing after 14 days to determine whether you will continue to be involuntarily held or released.
Click to contact our 5150 Holds Lawyers today
What to Do When Placed on an Involuntary Hold
If you have been placed on an involuntary 5150 or 5250 hold, it is essential to consider your next steps. Following the healthcare treatment facility’s rules and getting the medical attention you need is critical during this time. You must show healthcare providers that you can feed yourself, get sleep, and put a roof over your head.
Additionally, you must show them that you are not a threat to your own safety or anyone else’s. Considering mental health diversion could be in your best interests if you are facing criminal charges due to a mental health condition. These programs are available under California Penal Code 1001.36 and allow individuals dealing with mental health conditions to get the treatment they need and avoid jail or prison time.
Complete a Free Case Evaluation form now
Essential Mental Health Diversion Considerations
Once you work with your 5150 holds lawyer to enter a mental health diversion program, you must consider whether you meet the eligibility requirements. Some factors the criminal court system will take into account when determining your qualifying status include:
- The consequences of a conviction for the crime you are accused of committing
- The type of criminal offense you are accused of committing
- The type of mental health condition you are suffering from
- Your healthcare provider’s opinion
- What treatment for your mental health condition looks like
- Whether you have agreed to enter a mental health diversion program
How Simmrin Law Group Will Help
Although you may generally be distrusting after being placed on an involuntary hold, you need a legal advocate to help you regain control of your life. With the Simmrin Law Group, you can expect your Irvine 5150 holds attorney to:
- Make sure you understand your rights in a 5250 hearing
- Make sure you know your rights while in a 5150 hold
- Obtain valuable evidence to support your release from involuntary detainment
- Determine whether you qualify for a mental health diversion program
- Prove that you are not a risk to the public or yourself
Get in Touch with a 5150 Holds Lawyer in Irvine for Help Today
When placed in an involuntary hold, you still have rights. When you have been unlawfully detained in a 5150 or 5250 hold, or need help getting released, do not hesitate to contact a reputable Irvine 5150 holds lawyer at the Simmrin Law Group for the legal support you need when you need it most. Please complete our secure contact form or call our office to schedule your confidential consultation today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form