Being held involuntarily for a mental health crisis can be a scary and disorienting experience. If you have been held for a psychiatric episode, a Hawthorne mental health lawyer can help you understand your options with 5150 and 5250 holds.
Simmrin Law Group has decades of legal experience and can protect your rights from being violated. We focus on making sure that individuals understand their rights under California mental health law and can advocate for themselves.
Contact us today to speak to a Harthorne 5250 hearings lawyer about your case.
Why You Need a Mental Health Lawyer for a 5250 Hearing
The point of a 5250 hearing is to determine whether there are grounds for extending an initial involuntary psychiatric hold. These hearings are not criminal in nature, but they can have legal repercussions that impact other facets of your life.
A mental health lawyer can represent you during the hearing and gather evidence to show you are not a danger to yourself or others. For instance, a lawyer can gather testimony from family/friends or obtain documents from mental health professionals showing you are not a threat.
Many patients’ rights are, unfortunately, not respected during the 5250 hearings process. We pledge to stand strong and protect patients’ rights from overreaches of the state and medical system.
For a free legal consultation with a 5250 hearings lawyer serving Hawthorne, call (310) 896-2723
5150 Holds and 5250 Holds in California
In California, mental health professionals and law enforcement can initiate a 5150 hold to involuntarily hold someone having a mental health crisis. This involuntary hold lasts for 72 hours, during which the patient is observed to assess their condition and treatment options.
After the initial 72 hours, mental health professionals can request an extended 5250 hold for an extra 14 days. California WIC 5250 states that they can request an extension of the initial hold if the patient is unwilling to accept treatment and is a danger to themselves or other people.
Hawthorne 5250 Hearings Lawyer Near Me (310) 896-2723
What Can Trigger a 5250 Hold?
A 5250 hold is normally initiated when a patient has mental health problems that require additional treatment beyond the initial 72-hour 5150 hold. Mental health emergencies that may result in a 5250 hold might include:
- Severe depression or anxiety that harms stability and daily functioning.
- Alcohol or drug abuse-related problems.
- Self-harming behavior and suicidal ideation
- Symptoms of psychiatric conditions that are listed in the DSM-5.
- Behaviors that indicate the individual is a danger to themselves or others (e.g., verbal threats to cause harm)
Regardless of the details, a 5250 hold is a serious legal matter that requires adequate justification. A 5250 hearings lawyer in Hawthorne can help you understand the reasons for 5250 holds and how to navigate the hearing process.
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How Does a 5250 Certification Hearing Work?
One difference between 5150 and 5250 holds is that you are entitled to a hearing to challenge an extended 5250 hold. The certification hearing is triggered automatically when a mental health professional requests the extended hold.
A 5250 hearing is an informal hearing that typically takes place in the hospital or mental health facility where the individual is confined. During the hearing, you can present evidence showing that the hold is unjustified and argue that you should be released from confinement.
Although not necessary, having an attorney can help ensure your viewpoint is represented and argue for your right to be released. The state is not entitled to provide you with an attorney, so you must find one on your own. The longer you wait, the less likely your hearing will end with a satisfactory outcome.
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Consequences of a 5250 Hold
5250 holds are not criminal in nature. However, they can have a negative effect on several parts of your life:
- Employment. 5250 hearings may show up on background checks for certain types of employment, which could make you ineligible for the job. For instance, jobs with a high security clearance may bar individuals with a history of mental episodes.
- Personal freedoms. If you need further mental health treatment, it could result in further truncations of your liberty. In extreme cases, you may be placed under a court-ordered conservatorship to manage your affairs.
- Loss of firearm rights. In California, a 5250 hold can ban you from owning a gun and other firearms for five years, and may result in a lifetime federal ban on owning a gun.
The consequences of an involuntary hold can be great, but a 5250 hearings lawyer in Hawthorne can work to mitigate these consequences and protect your rights and freedoms to the greatest possible extent.
Contact a 5250 Hearings Lawyer in Hawthorne, CA
We as a society must protect the rights of people in our mental health system, as they are often among the most vulnerable. The attorneys at Simmrin Law Group are dedicated to securing justice for those who have had their rights and freedoms unjustly violated.
Contact our offices today to see how a Hawthorne 5250 hearings lawyer can help.
Call or text (310) 896-2723 or complete a Free Case Evaluation form