When mental health professionals or law enforcement officials suspect someone with a mental condition is a risk to themselves or others, they can take them into custody via a 5150 hold. However, when the treatment facility believes they are a continued risk and additional treatment is necessary, they must obtain a 5250 hold that can last up to 14 days.
If you have been placed on a 5250 hold and are unsure where to turn for help, do not hesitate to contact a compassionate Arcadia 5250 hearings lawyer at the Simmrin Law Group. With our firm advocating for your rights, you can take control of your mental health condition and get back to your life.
How 5150 and 5250 Hearings Work in Arcadia
You may need a 5250 hearings lawyer in Arcadia, CA, to help you regain control of your life and future. Understanding how 5250 hearings work is essential if you hope to get through these difficult times.
Law enforcement may find it necessary to play someone in a 5150 hold in multiple situations. This means they can temporarily take you into custody even if there is a misunderstanding or they do not understand the complexities of your mental health condition.
It is essential to know that you do not need to be accused or suspected of committing an offense to be detained in a 5150 hold. The main difference between 5150 and 5250 holds is the length of time they are in place.
How Long You Can Be Held in a 5150 Hold
When you are initially taken in by a 5150 hold, law enforcement can keep you for a maximum of 72 hours. Generally, they will transport you to a nearby treatment facility so mental health experts can evaluate and monitor you. While your healthcare providers can determine your symptoms have subsided, until law enforcement gives the okay, you will not be permitted to leave the treatment facility.
Once the 72 hours have passed, the treatment facility, in working with law enforcement, can determine whether you should be held longer or released. If your healthcare providers decide you should continue to be detained, they will place you under a 5250 hold. You could be held in the treatment facility for up to 14 days without a court order.
5150 and 5250 holdings can be a scary experience for detainees and their loved ones. During your detainment, police and healthcare professionals have the authority to deny you access to visitors and guests. However, if this happens, your family should be prepared to reach out to a 5250 hearings attorney in Arcadia, CA, for help.
When Certified 5250 Holds Happen
Healthcare providers will generally not issue 5250 holds unless they believe you are a significant risk to yourself or others. However, 5250 holds could also apply if your healthcare providers determine you cannot provide for yourself due to your mental incapacity.
5250 holds could also happen if your healthcare providers are unfamiliar with your medical condition and need to obtain additional medical support. However, this often means you could be unjustifiably held or unnecessarily placed in extended involuntary detention. For this reason, having a 5250 hearings attorney advocating for your rights is critical.
For a free legal consultation with a 5250 hearings lawyer serving Arcadia, call (310) 896-2723
You Still Have Rights During an Arcadia 5250 Hold
Even after being detained in a 5250 hold, you still have rights. Although rights may initially be limited in a 5150 hold, being placed in a 5250 hold means you have additional rights. Some of these rights include:
- The right to access a patient rights advocate who can explain your next steps
- The right to written notice with justification for your involuntary detention
- The right to a Certification Review Hearing where your 5250 hearings lawyer can argue that the continued involuntary detention is not appropriate or necessary
It should be noted that treatment facilities will only generally provide patient rights advocates to detainees if expressly asked. When a 5250 hold happens, you are not automatically entitled to an attorney the same way you are when you are accused of committing a criminal offense. However, you do have the right to hire a 5250 hearings attorney for help getting your 5250 hold dropped.
Arcadia 5250 Hearings Lawyer Near Me (310) 896-2723
What Happens During a 5250 Hearing
Unlike traditional court hearings, 5250 hold hearings are more open about why you are being placed under a hold and whether your healthcare providers determine you need continued treatment. All Certification Review hearings must be held within four days of the 14-day hold certification.
Your Arcadia 5250 hearings attorney will be here to introduce evidence to help support your case. The state will have a neutral party determine whether the treatment facility has presented enough evidence for the 5250 hold to remain in effect. If this party decides there is insufficient evidence, the treatment facility may be forced to release you.
Having an experienced Arcadia 5250 hearings lawyer working for you could make all the difference in the outcome of your case. It would be best if you had a legal advocate on your side who understands the intricacies and complexities of mental health advocacy. It is not unusual for law-enforcement and mental health professionals to misconstrue certain situations or symptoms.
With our firm advocating for your rights, you can rest easier knowing we are gathering the evidence we need to prove that you are not a threat to the public or yourself. This way, you can get your 5250 hold dropped and put this traumatic experience behind you.
Get Help from a 5250 Hearings Lawyer in Arcadia Today
If you are at risk of being placed under a 5250 hold, or your healthcare providers have already placed you in a 14-day minimum 5250 hold, and you need help regaining control of your life, turn to a legal advocate you can rely on. Reach out to a knowledgeable and experienced Arcadia 5250 hearings attorney at the Simmrin Law Group for a confidential case review. Complete our convenient contact form or call our office to start working on your hearing preparation today.