Mental health is unfortunately not well understood, leading some people to be afraid of those with mental health disorders. This, unfortunately, can lead to people overreacting when they see a person display any indication of mental health issues, even if none are truly present. Surprisingly, not even medical professionals are completely free from this, and the result of such an overreaction or mistake by them might be an involuntary psychiatric hold.
If you or one of your loved ones has been involuntarily subjected to the 5150 process, you need the assistance of a 5150 holds lawyer in San Diego to fight for your interests.
When You Can Be Subjected to a 5150 Hold
There are certain criteria that need to be met before a person can be subjected to a 5150 hold. The person to be held must fall into one of three categories:
- They are a threat to themselves
- They are a threat to others
- They are in a “gravely disabled” condition
If you meet one of these categories, then a police officer or a licensed mental health professional can initiate a 5150 hold on you. If you are first taken to an emergency room, a doctor at the hospital might also be able to initiate a 5150 hold on you.
After the 5150 hold is initiated, you will be taken to a specialized location that is authorized to provide psychiatric care. This means that you will not just be at a regular hospital. The treatment center will also afford you your rights, such as allowing you to contact a patient’s rights advocate.
How Long Does a 5150 Hold Last?
A 5150 hold lasts up to 72 hours. This time starts at the time that you are escorted from wherever you were to the authorized psychiatric facility. At that time, the 72-hour clock begins. You will not necessarily be held for the entire 72 hours. 72 hours is simply the maximum amount of time that the hold can last.
After the 5150 hold, you might be released. However, you may also be held for a longer period of time. A hold of longer than 72 hours will require a court proceeding. This is where hiring an attorney can really benefit you. Your lawyer can advocate on your behalf at this hearing and attempt to prevent the court from ordering you into a longer hold.
5250 Certification Review Hearing
At the end of your 5150 hold, the mental health professionals that have been treating you might determine that they want to hold you for longer. This can be because they determine that you need more treatment or if you have not been cooperative in accepting treatment. If they want to hold you for more than 72 hours, a court will need to give them permission to do so.
Your Rights at the Certification Review Hearing
At the certification review hearing, you have certain rights, such as:
- The right to be represented by a San Diego 5150 holds attorney
- The right to have evidence presented to support your case
- The right to be given written notice of the reason for your hold
- The right to speak with a patient’s rights advocate who will explain all of your rights
Your 5150 holds lawyer in San Diego will confer with you to explain all of your rights to you. The denial of any of your rights at the hearing can be grounds for release before the end of your stay.
How Does the Hearing Work?
At a 5150 hearing, you will need to go before a Court. However, this hearing is usually less formal than a typical court hearing because the mental health professionals who are not lawyers will be expected to speak at the hearing.
The point of the hearing is to determine if the evidence shows that you are a danger to yourself or others, or have an extreme disability that would make you unable to take care of yourself. If the judge finds that this evidence does not exist, they will order whoever is holding your to release you immediately.
Do You Lose Any Rights By Being Held in a 5150 Hold?
Unfortunately, you lose some of your rights if you are held in a 5150 hold. Notably, your right to own a firearm is extremely limited after a 5150 hold. If you are held one time, you will not be permitted to purchase, own, or receive a firearm for a period of five years. If, within a year, you are held by another 5150 hold, you will be prohibited from owning a firearm for the remainder of your life.
You do not deserve to lose your rights based on a one-time mental breakdown or even a wrongful 5150 hold. You should contact a skilled and professional 5150 holds attorney in San Deigo to ensure that your rights are protected.
Why Hire a San Diego 5150 Holds Attorney
You do not have to have a lawyer at a 5250 hearing, but you will be giving up a large advantage if you do not hire an attorney. Your 5150 holds attorney in San Diego will protect your rights, gather evidence to prove that you are not in a dangerous mental health condition, and be an advocate on your behalf.
Sometimes police officers or even mental health professionals can be wrong and misconstrue the situation that you are in. When you are in such a situation, you can rely on your 5150 holds attorney to protect your interests.
Contact a San Diego 5150 Holds Lawyer
When you are facing an involuntary mental health hold in California, treat it the same way that you would treat the possibility of going to jail. Do not go before a court all on your own. Contact a highly skilled and professional San Diego 5150 holds attorney to be a zealous advocate on your behalf.
If you have been accused of being a danger to yourself or others and now your freedom is in danger, contact a 5150 holds lawyer today for a free consultation.