Your freedom and your reputation are very important. But when you are involuntarily held against your will for perceived mental illness, both are negatively impacted. While the stigma around mental health disorders is certainly not fair, it is very real, and you do not want to be harmed by it.
If you or a loved one are facing a 5250 hearing, you need the help of a skilled, professional, and experienced 5250 hearings lawyer in Long Beach.
5250 Hearings
A 5250 hearing is a hearing for one type of involuntary treatment hold. An involuntary treatment hold is a legal process by which a Court can order you to be held at a hospital or other inpatient facility for a set period of time for your own good. While you are not going to prison, you are still entitled to have a hearing before a Court prior to your being held for an extended period of time. This is known as Due Process.
At a 5250 hearing, the Court can order you to be held against your will and treated if it finds that you are a danger to yourself, a danger to others, or possess a “grave disability.” A 5250 hold lasts for 14 days, but it can be extended for up to a year, or even indefinitely in extreme cases if the Court deems it necessary.
What Is a “Grave Disability?”
One of the reasons that you may be involuntarily held is because of a “grave disability.” A grave disability is a mental condition where you are completely unable to provide for your most basic personal needs, such as food, clothing, or shelter. Essentially, it means that your mental health is so poor that you cannot be trusted to live on your own like an adult.
The problem with this term is that its definition is very vague. While “grave disability” is meant to be used for, for example, senior citizens who suffer from Alzheimer’s Disease, or people with such severe learning disabilities that they will never have the cognitive abilities of an adult, it can and has been used for people who have simply gone through rough patches but are otherwise perfectly functioning adults.
If someone is alleging that you have a grave disability, you need someone on your side that will aggressively advocate in your best interests. Do not hesitate to contact a 5250 hearings attorney in Long Beach immediately.
Habeas Corpus
If a Court orders you to be involuntarily held, one way to challenge this is to file a petition for a writ of habeas corpus. Habeas corpus is a Latin term meaning “you should have the body.” It is a legal proceeding that can be brought anytime a person is being held against their will, such as in prison or under a 5250 or similar mental health hold.
At a habeas corpus proceeding, a judge will review the legality of your hold. If the judge determines that you are being held improperly, or that your rights were violated during the hold, then the judge can order your immediate release, or at least order a second 5250 hearing. A skilled 5250 hearing attorney in Long Beach will be able to advise you on your best course of action.
Your Rights
At a 5250 hearing, or during an involuntary commitment, you have rights. These rights are guaranteed to you by the United States Constitution, the California Constitution, and California law. Some of these rights may be denied to you for good cause, but other rights may never be denied.
Your Rights at the 5250 Hearing
At the 5250 hearing, you are guaranteed certain rights. You have the right to Due Process of law, which means that before the government can deprive you of your liberty, which they are doing with the mental health hold, they must give you the opportunity to be heard in court. That is the entire purpose of the 5250 hearing so that the government cannot just hold you.
At the 5250 hearing, you also have the right to an attorney. However, unlike in a criminal case, you will not be appointed an attorney if you cannot afford one. If you wish to exercise your right to legal counsel, and you should, you will need to hire an attorney.
Your Rights After the 5250 Hearing
If you “lose” a 5250 hearing and are held in inpatient care, you have some rights that cannot be denied to you under any circumstances, such as:
- The right to receive humane care
- The right to not be abused by the treatment staff
- The right to enjoy social activities or recreational activities
- The right to free exercise of your religion (for example, you cannot be forced to eat food that your religion prohibits)
- The right to not be discriminated against
You also have other rights that may only be denied to you for good cause, such as if the professionals that are in charge of your care believe that you would harm yourself or others if permitted these rights. These rights are:
- Wearing your clothes rather than the facilities’ clothes
- Having money
- Seeing visitors
- Accessing a personal space for storage
- Keeping and using your personal possessions
- Using a telephone
- Receiving or sending mail
A skilled Long Beach 5250 hearing attorney will advise you of these rights and can also take legal action, such as a habeas corpus proceeding if any of your rights are being violated.
Contact a Long Beach 5250 Hearing Lawyer
If you or a loved one is in a situation where the State of California is trying to place you in an involuntary mental health hold, you need the assistance of a highly-skilled, caring, and professional 5250 hearing attorney in Long Beach. Facing an involuntary hold can be just as terrifying as facing criminal charges, except you did not do anything wrong.
If you are facing a 5250, or other involuntary mental health holds, contact us today for a free consultation and case review.