Being detained under California’s mental health laws can be confusing, frightening, and deeply personal. Our Santa Monica 5150 holds lawyer will explain your rights and guide you through every step of the legal process with care and respect.
If you or a loved one is under an involuntary hold, our Santa Monica mental health lawyer will work to protect your freedom, dignity, and future. At Simmrin Law Group, our attorneys bring decades of experience and have helped thousands of clients across California.
Because our attorneys have handled more than 100 jury trials—including complex mental health and capital cases—you can trust that we will stand firm in your defense. We will appear in any court in California or federal court in the U.S., and we are always ready to go to trial when your future depends on it. Call us for a free consultation and learn how we can help.
What Is a 5150 Hold in California?
Under California law, a person can be placed on an involuntary 72-hour psychiatric hold if they are believed to pose a danger to themselves or others or if they are gravely disabled due to a mental health crisis.
During this time, mental health professionals evaluate the person in a hospital or treatment facility. Our mental health lawyer will assist if the hold involves a situation that also led to criminal charges, such as an altercation, property damage, or threats of violence.
Having an attorney who understands both mental health law and criminal defense is vital for protecting your legal and medical rights.
What Happens During a 5150 Hold in California?
A 5150 hold allows authorities to:
- Take someone to a psychiatric facility for evaluation.
- Restrict their movement temporarily for safety reasons.
- Begin treatment or observation for up to 72 hours.
During this time, doctors assess whether the person continues to pose a danger or needs ongoing care. Usually, family members are not allowed to remove their loved one from the facility during this period, which can make the experience feel isolating.
For a free legal consultation with a 5150 holds lawyer serving Santa Monica, call (310) 896-2723
How Our Santa Monica Defense Lawyers Lead 5150 Hold Cases
At Simmrin Law Group, we understand that mental health cases require compassion and skill. When you come to us, we will handle your entire case. This means our team will:
- Investigate all police and hospital reports.
- Gather videos, texts, and medical evidence.
- Speak with witnesses and doctors.
- File motions or petitions to challenge unlawful holds.
- Represent you in court or at certification hearings.
When we take on your case, we focus on restoring your freedom after this difficult chapter. We can explain what qualifies someone for a 5150 hold and answer your questions and concerns.
Our Experience and Approach at Simmrin Law Group
We have represented thousands of clients over 20 years in business. Our lawyers combine deep legal knowledge with respect for every client’s dignity. When someone has a mental illness or exhibits misunderstood behavior, we focus on solutions that promote recovery, not punishment.
We aim to balance your legal rights with your health needs. Call us today for a free consultation where we can discuss your rights, options, and next steps in a confidential setting.
Santa Monica 5150 Holds Lawyer Near Me (310) 896-2723
What Is a 5250 Hold?
If mental health professionals determine that a person still poses a danger after the 72-hour 5150 hold, they may extend the detention with a 5250 hold. This allows for up to 14 more days of involuntary treatment.
The key differences between a 5150 and 5250 hold include:
- Length: A 5150 hold is up to 72 hours (three days); a 5250 hold can last up to 14 days.
- Evaluation: A 5250 requires a formal certification hearing.
- Rights: The person has the right to a hearing, representation, and to contest the hold.
Our Santa Monica 5250 holds lawyer can attend the 5250 hearing, challenge the hospital’s evidence, and argue for release if the hold is not justified. Without legal representation, it can be difficult for patients to advocate for themselves effectively. If this is your situation, we encourage you to contact us as soon as possible.
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How Mental Health and Criminal Law Overlap in These Cases
Mental health and criminal law often connect when someone in crisis comes into contact with the police. For example, a person having a breakdown might be accused of assault, disturbing the peace, or resisting arrest.
In these cases, a mental health crisis can lead to a court-ordered mental health stay and criminal charges. Our 5150 holds defense lawyers in Santa Monica understand both systems. We will work to ensure that the courts consider mental health factors in your defense.
This may include:
- Getting the charges reduced or dismissed
- Arguing for treatment instead of jail time
- Working with doctors and mental health experts
- Ensuring your rights are protected during questioning and detention
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When Should You Get a Lawyer for a 5150 or 5250 Case?
You should get legal help for 5150 holds in Santa Monica as soon as you or a loved one is placed under a 5150 or 5250 hold.
Early legal help from our attorney can:
- Ensure protection of all your rights.
- Help you request a certification hearing.
- Review whether the hospital followed proper procedures.
- Build a defense if criminal charges are connected.
- Support you and your family in understanding the process and the next steps to take.
If police or hospital staff fail to follow the law, an attorney can help you challenge the hold, seek release, or request that the court review the situation.
What Rights Do You Have During a 5150 or 5250 Hold?
Even during an involuntary hold, you still have rights under California law. These include:
- The right to refuse certain treatments unless ordered by a court
- The right to contact a lawyer or advocate to represent you
- The right to receive information about your treatment
- The right to a hearing if held beyond 72 hours
Our mental health holds attorneys in Santa Monica help clients exercise these rights, ensuring that no one is detained or medicated unlawfully. We also make sure families stay informed throughout the process.
Common Questions About 5150 and 5250 Holds in Santa Monica
Even after learning the basics, many people still have questions about what comes next. You might wonder how long a hospital can keep someone, what happens to personal property, or whether a hold affects future employment or gun ownership.
These answers can give you a better understanding of the process and enable you to plan your future with confidence.
Can a 5150 Hold Show Up on a Background Check?
A 5150 hold itself is not a criminal charge, but it can appear on certain background checks, especially those related to firearms or healthcare jobs. We will help you understand what information may be shared if a 5150 shows up on a background check and whether you can request that some records remain private.
Can Someone Refuse Treatment During a 5150 Or 5250 Hold?
You have the right to refuse treatment in most cases, but there are exceptions. Doctors can request court approval to give medication if they believe it is necessary for safety or stability. Our legal team can review these actions and challenge them if your rights were ignored.
Will a 5150 Hold Affect My Right to Own a Gun?
A hold placed under Welfare and Institutions Code § 5150 usually triggers a five-year ban on owning or buying firearms. If the hold becomes a 5250, the restriction can last longer. We will explain the process for appealing this restriction once the hold ends.
What if I Think the 5150 Hold Was Done Unfairly?
If you believe police or medical staff acted without reason or violated your rights, your attorney can investigate the situation. This may include reviewing reports, witness statements, or body camera footage.
Our Santa Monica involuntary hold lawyers can then seek to have records corrected or legal action taken if necessary.
How Can Family Members Help Someone Under a 5150 Hold?
Family support can make a huge difference during and after a 5150 hold. Loved ones can help by staying calm, gathering medical information, and keeping in touch with hospital staff when possible.
You can also ask about the person’s rights, upcoming evaluations, and ways to participate in discharge planning.
If the situation feels confusing or you’re not getting clear answers, we will step in. Our team will communicate with the facility, request records, and make sure everyone respects your family member’s legal rights throughout the process.
We Will Help You With a 5150 Hold in Santa Monica—Call Us
If a 5150 or 5250 hold has turned your life upside down, you deserve clear answers and steady support. You still have rights, and we’re here to defend them. Our Santa Monica 5150 holds lawyer will step in to handle the legal side so you can focus on healing.
We will review what happened, challenge unlawful actions, and work toward restoring your freedom and peace of mind. Call Simmrin Law Group today for a free and confidential consultation.
We will help you move forward with dignity and understanding and make sure your voice and story are heard.
Call or text (310) 896-2723 or complete a Free Case Evaluation form