When police officers or certain medical professionals believe someone is at immediate risk or poses a danger to others due to a mental health condition, they can place that person on a 5150 psychiatric hold.
This type of involuntary hold is meant to protect people during dangerous moments, but it can also be used unfairly or without enough supporting evidence. If you or a family member has been detained under a 5150 hold, the Santa Ana mental health lawyers at Simmrin Law Group are ready to help.
We have decades of legal experience and are available 24/7. We’re confident that our Santa Ana 5150 holds lawyers have the knowledge and resources required to protect your rights and fight for your release.
Understanding 5150 Holds in Santa Ana
If you or someone you know has been placed under a 5150 hold, it can be helpful to familiarize yourself with the laws that govern these holds. According to California law, police or qualified professionals can detain someone for up to 72 hours if they reasonably believe the person meets at least one of the following criteria:
- They are a danger to themselves.
- They are a danger to others.
- Their mental health condition is stopping them from meeting their basic living needs.
If someone has made suicidal statements, attempted to hurt themselves, threatened or acted aggressively towards others, or demonstrated other behaviors that fall under the above-listed categories, they may be placed under a 5150 hold.
That said, authorities don’t need extensive evidence or medical proof to initiate a 5150 detention. They only need a reasonable belief based on what they see or hear. That means mistakes can happen. If you believe that you or a loved one has been placed under an unjustified 5150 hold, reach out to our mental health lawyers ASAP.
For a free legal consultation with a 5150 holds lawyer serving Santa Ana, call (310) 896-2723
What Happens Once a 5150 Hold Begins
Once you’ve been placed on a hold and admitted into a facility, doctors and mental health professionals will evaluate you continuously throughout a 72-hour period. Their job is to decide whether you need further care or monitoring.
If staff members at the facility believe you need continued treatment and supervision, they can request a 5250 hold, which extends your hold to up to 14 days. While a 5250 hold is much more serious than a 5150 hold, it gives you more rights and a chance to challenge the hold.
You can challenge a 5250 hold during a Certification Review Hearing. This type of hearing is usually held within a few days, so it’s important to consult with a lawyer soon. A Santa Ana 5150 holds attorney can represent you during this hold and fight for a just outcome.
Santa Ana 5150 Holds Lawyer Near Me (310) 896-2723
5150 Holds and Criminal Charges in Santa Ana
If you or a loved one is facing a mental health crisis and criminal charges at the same time, you’ll want to speak to a mental health lawyer from our team. Our 5150 holds attorneys in Santa Ana can help you explore all your options. In a situation like this, you may qualify for mental health diversion under California Penal Code § 1001.36.
A diversion program allows you to receive treatment instead of going through the traditional criminal process. If you complete the program successfully, your charges may be dismissed. To determine whether a diversion program is appropriate for you, the court will consider the following factors:
- The severity of your mental health condition
- Whether your condition contributed to the alleged offense
- The treatment options available to you at this time
- Whether you are willing to engage in treatment
- The seriousness of the offense you’ve been charged with
- The legal consequences you’re facing
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How Our Santa Ana 5150 Holds Lawyers Help You
When you or a loved one is being held involuntarily, you can feel lost and unsure about how to move forward. The good news is that a Santa Ana 5150 holds attorney can step in and give you a concrete plan of action.
Here’s what our compassionate and experienced legal team can do to help you during this difficult time:
- Protect your rights, answer your questions, and offer legal advice
- Speak directly with the hospital or facility where you or your loved one is being held
- Analyze documents and evidence used to justify the hold and challenge their validity
- Review relevant police reports and witness statements
- Get input from your doctors or mental health providers regarding the hold
- Prepare you and your family for a hearing
- Use strong evidence and testimony that you are not a danger to yourself or others
- Push back against claims about your mental state that aren’t supported with appropriate evidence
- Advocate for a fast release
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Meet With a Trusted Santa Ana 5150 Holds Lawyer for Free
When you or a loved one is placed on a 5150 hold, it can turn your world upside down and cause a great deal of confusion and anxiety. Fortunately, you don’t have to face this difficult situation alone. You have the right to hire a Santa Ana 5150 holds lawyer and pursue a fair outcome.
Contact Simmrin Law Group today to schedule a free consultation with our team and learn more about your legal rights and options. We’ll provide the caring guidance, education, and strong advocacy you need to fight for your release and move forward with your life.
Call or text (310) 896-2723 or complete a Free Case Evaluation form