Mental health is a challenge for police officers to understand or handle appropriately. Mental health professionals and law enforcement can place individuals on a 5150 hold when they believe the person is a danger to themselves or others. Unfortunately, what can sometimes happen is police officers are unfamiliar with the person’s symptoms and will incorrectly put someone in custody for their mental condition.
Once in the facility’s care, they can extend your detainment using a 5250 hold. You must discuss your options for release with a Costa Mesa 5250 hearings lawyer.
Requirements for a 5250 Hold
The experience is grueling for loved ones looking for the individual and can’t find them. Before you face a 5250, law enforcement will put you under a 5150, where you are held for 72 hours. These holds often result from misunderstandings and do not require the individual to be committing or suspected of committing a crime.
After the 72-hour hold, the treatment facility will evaluate the person and determine if they should stay or are free to go. If symptoms subside within 72 hours, you are released.
When a family is given information about their loved one, they are not permitted to visit the facility and see them. Additionally, being unexpectedly detained can exacerbate the person’s mental illness. When you find the facility your loved one is being held in, it is vital to contact a 5250 hearings attorney in Costa Mesa, CA, before the 72-hour period expires. The treatment facility can hold the individual for 14 days after the 5150 hold expires.
For a free legal consultation with a 5250 hearings lawyer serving Costa Mesa, call (310) 896-2723
Your Rights When Detained
As someone with a mental illness, spending over two weeks in a facility for unjustifiable reasons is traumatic. While treatment facilities are there to help, they can be unfamiliar with certain mental disorders and symptoms. You have a routine to manage your condition, and this abrupt change can hinder your care instead of helping it.
Treatment facilities can cite patients who are potentially harmful to themselves or others or cannot care for themselves as reasons for a 5250 hold. During a 5150 hold, you have limited rights, and all you can do is wait for family and loved ones to contact 5250 hearings lawyers for additional assistance. Under a 5250 hold, the facility must give you a written notice describing your detainment and the reasons for the extension.
You will also have access to patients’ rights advocates. You can also retain legal counsel, but one is not appointed if you cannot obtain one. Most importantly, you can request a 5250 hearing which gives your 5250 attorneys in Costa Mesa, CA, a chance to argue your case for release.
Costa Mesa 5250 Hearings Lawyer Near Me (310) 896-2723
Hearing and Release
A 5250 hearing must happen within four days of certification. It involves a neutral party hearing both sides of the argument and deciding on a swift release or upholding the involuntary hold. During a hearing, the medical staff will present arguments to keep you in the facility, and your 5250 hearings attorneys will present arguments for your release after hearing these arguments.
If the third party deems you fit for release, you will immediately leave the facility.
The success of your hearing will depend on your Costa Mesa 5250 hearings attorney’s experience and preparation in handling similar cases. Your lawyer must make a solid argument that you do not pose a danger to yourself or anyone else. Your freedom is contingent on what happens during these hearings and, if you are released, you can continue with outpatient care if it benefits your condition.
The Role of a Costa Mesa 5250 Hearings Lawyer
5250 hearings lawyers in Costa Mesa will help in many ways before and during a hearing. The first role your lawyer has is explaining the legal process and providing guidance on what will happen next. This is vital since some patients need predictably to manage their mental health symptoms.
Once the patient and family understand their rights, the 5250 hearings lawyer will prepare for the hearing by gathering medical records, identifying experts, and interviewing witnesses. Since these hearings must be requested quickly after 72 hours, your lawyer must move fast. The 5250 hearings lawyer will present evidence and arguments for your release during the hearing.
We will also question the mental health professionals’ arguments. If your hearing is unsuccessful, we can prepare an immediate appeal. Most importantly, we protect your rights throughout the process.
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Hidden Consequences of a 5250 Hold
Aside from being involuntarily detained, a 5250 hold will have stark consequences for individuals. It can worsen the mental health of individuals and lead to job loss. However, there is one other consequence that can result.
The person under a 5250 hold cannot purchase, receive or own a firearm for five years after release. When two holds happen within a year, that ban is for life. If you cannot get a release from the 5250 hold you will have to fight the ban with the help of a Costa Mesa criminal defense lawyer.
The issue becomes more contentious when you consider federal gun ownership laws and mental health crises. The lifetime bans the federal government has applied to involuntary holds. These bans do not apply to individuals who voluntarily enter treatment facilities or are solely there under observation.
Are My Records Confidential?
While medical records are confidential when you involuntarily enter a facility as a danger to yourself or others, the facility will notify the DOJ within 24 hours. The DOJ will also report your firearm ban to the FBI.
Call a 5250 Hearings Lawyer in Costa Mesa Today
Being detained can make you feel helpless and alone, especially under extreme circumstances. Your employment and social life will suffer greatly when put under a 5250 hold. You can lose your job, and your mental state will come into question.
5250 hearings give you a chance to be released. You have rights under a 5250 hold and will need legal counsel to expedite and negotiate your release. Speak to the Simmrin Law Group for guidance today.