Law enforcement representatives in California, as well as certain authorized mental health professionals, can place residents under 5150 holds if they have probable cause to believe that, as a result of a mental health disorder, the person meets specific criteria indicating that they are a threat to themselves or others.
If you or a loved one has been wrongfully placed under a 5150 hold, you can connect with a Simi Valley 5150 holds lawyer to discuss your legal options.
Simmrin Law Group puts decades of legal experience to work on behalf of its clients. If you believe you’re under an unjust 5150 hold, you can trust our Simi Valley mental health lawyers to do all the research to defend you and help you avoid a longer 5250 hold.
When Can You Face a 5150 Hold?
Police officers throughout California must argue that you meet certain requirements before they can place you under a 5150 hold. If authorized individuals have probable cause to believe that you are a danger to yourself or others or that you are gravely disabled due to a severe mental health disorder, you may risk a 5150 hold.
This hold will allow officers to hold you for 72 hours for an involuntary psychiatric evaluation. However, officers can legally only institute this hold if they have probable cause.
If you believe that you or a loved one has faced a 5150 hold without reason, as retaliation, or out of officer bias, contact our mental health lawyers right away. Your rights may be reduced under a 5150 hold, but working with an attorney can help you prepare for a Certification Review Hearing and challenge attempts to place you under a 5250 hold.
What Conditions May See You Placed Under a 5150 Hold?
Some of the most common behaviors that see California residents placed under 5150 holds include:
- Aggressive behavior in public
- Signs of severe psychosis in public
- Severe instances of self-harm or conversations about suicidal intent
- Erratic or dangerous behavior expressed in public
- Public evidence of hallucinations or delusions
- Disorganized thought patterns or speech that actively present a danger to yourself or others
The core factors that may see you placed under a 5150 hold include the risk that you allegedly pose to your own well-being as well as the well-being of others. For example, getting into a fight does not automatically qualify you for a 5150 hold, but putting yourself in danger by standing on the roof of a building might.
For a free legal consultation with a 5150 holds lawyer serving Simi Valley, call (310) 896-2723
What Happens During a 5150 Hold?
If you’re placed under a 5150 hold, representatives at a designated psychiatric facility must evaluate your mental well-being and provide you with treatments designed to curb the risk you allegedly pose to yourself or others. You may undergo interviews, diagnostic assessments, and prolonged observation.
However, you have the right to refuse treatment, particularly in instances where you feel you’re being mistreated. You also have the right to be informed, meaning that representatives must tell you why you’re under a hold and what to expect from the process. Most importantly, you have the right to legal representation. You can contact our team while under a hold.
5150 holds last for 72 hours. However, the professionals at a psychiatric facility may, at that point, determine that you need to be placed under a 5250 hold, or an involuntary hold lasting up to 14 days. You can contest this new hold along with an attorney who will continually fight to protect you from mistreatment.
Simi Valley 5150 Holds Lawyer Near Me (310) 896-2723
When Should You Contact a Simi Valley 5150 Holds Lawyer?
The sooner you can contact a Simi Valley 5150 hold attorney to discuss your or a loved one’s hold, the sooner you can defend yourself against legal abuses and challenge attempts to move you into a 5250 hold.
Our legal team can advocate for you during a Certification Review Hearing, helping you understand your rights and gather the evidence necessary to contest officers’ statements about your mental health. We are here to argue that you do not pose a threat to yourself or the public, and thus officers had no right to remove you from the public.
What to Do if You’re Accused of a Crime While Under a 5150 Hold
If you’re accused of criminal misconduct while under a 5150 hold, you can connect with a private legal professional to begin building a defense against the accusations leveled against you.
If you have mental health concerns, our team can advocate for your right to a mental health diversion under California Penal Code 1001.36. We can argue that you meet the criteria necessary to move forward with a medical health diversion by proving:
- The severity of your mental health conditions
- Your willingness to participate in a diversion program
- Precedent, in that other people with your mental health condition have benefited from diversion programs
However, certain criminal accusations, including sex crimes or violent criminal behaviors, make a person less likely to qualify for a mental health diversion program. Likewise, if you have previous criminal convictions on your record, you may struggle to meet the criteria.
However, you can count on our team to advocate for you, no matter how difficult your case seems.
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Our Legal Team Wants to Fight for You
If police officers have wrongfully placed you under a hold or violated your rights, you can connect with a 5150 hold attorney in Simi Valley, CA.
Simmrin Law Group’s legal team stands with victims of wrongful holds and their families and advocates to ensure that our clients are treated fairly. You can trust us to push back against attempts to put you under a 5250 hold while contesting any criminal charges state officers attempt to bring against you.
Reach out to Simmrin Law Group today to learn more about how our representation can protect you during a 5150 hold.
Call or text (310) 896-2723 or complete a Free Case Evaluation form