If you or a loved one has been detained under an involuntary psychiatric hold in Burbank, California, it is essential to seek the assistance of a skilled Burbank 5250 hearings lawyer. 5250 holds allow individuals to be held against their will for up to 14 days to be evaluated and treated. It is essential that the person being held has an experienced attorney by their side who can steer them through the legal system and protect their rights.
At Simmrin Law Group, our Burbank 5250 hearings lawyers are well-versed in representing clients in mental health law and have experience representing Burbank clients in 5250 hearings. Our legal team understands how complicated these cases can be, and we can provide you with the support and advice you need to attain the best outcome possible.
How 5250 Holds Work
Under California law, a person can be detained in a psychiatric facility for up to two weeks for intensive psychiatric treatment and evaluation. Only the following people are legally allowed to issue a 5250 hold:
- Qualified mental health professionals
- Psychiatrist
- Licensed clinical psychologist
A 5250 hold follows a 72-hour long treatment detention called a 5150 hold or a 5585 hold in the case of a minor. These take place in a hospital or a mental health care facility. To be held on this type of 72-hour hold, the person must meet the following criteria:
- Danger to themself, typically because they have threatened suicide or to harm themselves.
- A danger to others means they have made threats or attempted to harm another person or people.
- They cannot provide for their basic needs like shelter, food, and clothing. This is called a “Grave disability.”
Reevaluation
Following a 5150, 72-hour hold, the individual must be reevaluated to determine whether or not they meet the criteria to be held longer under the 5250 hold. California law says that a person may be placed on a 5250 hold for the following reasons:
- If they are a danger to themselves or others because of a mental disorder
- If a mental disorder has left them gravely disabled, making it impossible for them to provide for their basic needs like food, clothing, or shelter
- If they are rendered unable to make informed choices about their treatment because of their mental disorder
While held on a 5250 hold, the individual is evaluated by mental health experts, who can then determine the best course of treatment going forward. This could mean that the party requires more extensive treatment or that they can be released.
For a free legal consultation with a 5250 hearings lawyer serving Burbank, call (310) 896-2723
Potential Courses of Action Possible Following a 5250 Hold
What happens next will be decided by the mental health team you or your loved one is being evaluated by. It helps to have a Burbank 5250 hearings attorney to advocate for you as you are being assessed. Listed below are some of the potential outcomes after a 14-day detention:
- 5260 hold would mean that you are held for an additional 14 days for further evaluation and treatment.
- 5270 hold mandates that you are held for an additional 30 days.
- 5300 hold is a 180-day detention for treatment and more evaluation.
- 5352 hold is a temporary 30-day LPS conservatorship
- 5350 hold would require you to be under a “permanent” conservatorship for one year.
Burbank 5250 Hearings Lawyer Near Me (310) 896-2723
Your Rights if You are Detained Under a 5250 Hold
Even though a 5250 hold is involuntary, you or your loved one still have rights pertaining to your detention. Some of these rights are listed below:
- You have the right to receive medical and psychiatric treatment while you are detained. The facility is responsible for providing you with the required medication, therapy, or other prescribed treatments that are necessary to stabilize your condition.
- You have a right to representation by an attorney and can request legal counsel at any time during your 14-day detention. If you cannot afford a lawyer, one will be appointed for you by the state.
- You have the right to appeal your 5250 hold. By requesting a hearing, you can challenge the grounds for being detained.
- Friends and family may visit you. But that is under the condition that it is considered in your best interest.
- Most importantly of all, you are to be treated with dignity and respect. This means that you are protected from abuse or neglect while confined on the 5250 hold.
Your precise rights and their implementation can differ based on the specific circumstances surrounding your detention and the facility where you are held. For a better understanding of your rights, speak to a 5250 hearings lawyer in Burbank, CA, or your mental health advocate.
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Ways a Burbank 5250 Hearings Attorney Can Help
A skilled attorney with experience assisting clients who have been detained due to an involuntary psychiatric hold is the best resource that you or your loved one has when facing complicated legal issues surrounding mental health.
A 5250 hearings lawyer in Burbank can help you in the following ways:
- They can represent you in a 5250 hearing. They understand how to challenge your detention by presenting evidence and arguing on your behalf in order to advocate for your rights.
- Mental health law is complicated, and navigating it can be difficult. A 5250 hearings attorney in Burbank can offer you guidance because they have an acute understanding of the legal process, your rights, and the options at your disposal.
- Your attorney will protect your rights during this traumatic experience while advocating for you to ensure that you are treated fairly throughout the entire situation.
- Your attorney will act as a source of emotional support during this difficult time.
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Speak to a 5250 Hearings Attorney in Burbank, California Today
When you are involuntarily held due to a mental health issue, a 5250 Hearings Lawyer in Burbank, California, is crucial to aid you in this complex crisis. Reach out to Simmrin Law Group so that we can begin advocating for your rights today. We understand the challenges of mental health issues when the legal system is involved, and we can help you navigate this unfamiliar, complex situation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form