If you are placed on a 5150 mental health hold, a 5250 hearing will follow. During this hearing, the treating facility where you are being held against your will may argue you should receive a 5250 hold. There is a risk that the facility can violate your legal rights in its efforts to enact this hold as well.
At Simmrin Law Group, we do not tolerate violations of anyone’s legal rights. If you are preparing for a 5250 hearing in Los Angeles, let us know. Our Los Angeles 5250 hearings lawyer can review your case and help you plan for your hearing. Get in touch with our Los Angeles mental health lawyer today.
Why You May Be Placed on a 5150 Hold in Los Angeles
You may have heard about Britney Spears being placed on a 5150 hold in 2008. When a 5150 hold happens, a person is held against their will at a mental health treatment facility. The hold lasts up to 5150, but it can be followed by a 5250.
A law enforcement officer or healthcare professional determines if a person is placed on a mental health hold. There are three scenarios in which a law enforcement officer or healthcare professional decides to do so:
- An individual is considering suicide and shows signs that they may be a threat to themselves.
- An individual has made threats against others, plans to do so, or is actively working on following through on a threat against someone.
- An individual shows they are incapable of taking care of themselves.
During a 5150, 5250, or any other hold, a patient receives mental health services. The patient is required to follow orders from the treatment facility. Failure to do so can provide a treating facility with probable cause to keep a patient under its care at the end of a hold.
For a free legal consultation with a 5250 hearings lawyer serving Los Angeles, call (310) 896-2723
When a 5250 Hearing Will Take Place in Los Angeles
A 5250 hearing, also referred to as a Certification Review hearing, comes after a 5150 hold. The hearing gives a treating facility staff the opportunity to explain if it has concerns about a patient’s wellbeing. If staff members indicate they have probable cause to keep the patient at their facility, they can use the hearing to get a 5250 hold enacted.
During a 5250 hearing, a mental health hearing referee decides if a patient will be placed on a hold that lasts up to 14 days. The referee weighs evidence from the treating facility. Also, the referee considers the viewpoint of the patient’s rights advocate, as this individual represents the patient.
A Los Angeles 5250 hearings attorney offers legal help to individuals dealing with mental health issues. The attorney can review the facts surrounding your 5150 hold and find out why it was enacted. Next, the lawyer can represent you during your 5250 hearing and make sure your legal rights are protected.
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The Legal Rights You Have to Protect During a 5250 Hearing in Los Angeles
In a 5250 hearing, you have the right to:
- Present evidence to support your case
- Receive a written notice that details why a 5150 hold was put into place
- Get support from a patient’s rights advocate
- Hire an attorney to represent you during your hearing
Your 5250 hearings lawyer in Los Angeles does everything in their power to protect your legal rights. The attorney makes sure you are well-prepared for your hearing. This puts you in the best position to achieve the optimal hearing result.
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Steps Involved in a 5250 Hearing in Los Angeles
A mental health hearing referee oversees a 5250 hearing. The referee reviews evidence provided by the mental health treatment facility. In addition, the referee considers information from a patient’s rights advocate.
If you hire a 5250 hearings attorney in Los Angeles, your lawyer can share evidence to support your claim. Your criminal defense lawyer in Los Angeles can also dispute any evidence or claims against you. Doing so may help you avoid a 5250.
Ultimately, a mental health referee will render a decision in your 5250 hearing. If the referee deems you are not mentally fit to take care of yourself or a threat to yourself or others, you may be placed on a 5250. You will be subject to mental health treatment until another hearing is held in which you may have the opportunity to be released.
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How to Prepare for a Los Angeles 5250 Hearing
It is paramount to take your 5250 hearing seriously. Your attorney can offer tips and guidance to help you get ready for your hearing. Plus, your lawyer can answer your legal questions leading up to your hearing.
As you prepare for your 5250 hearing, you can:
Make the Most of Your 5150 Hold
How you act during your 5150 hold can have far-flung effects on a mental health hearing referee’s decision. If you use the mental health treatments you receive to the best of your ability, you can show the treating facility’s staff you can thrive outside of their care. When your hearing gets underway, it may be clear to the mental health hearing referee that you are in a good mental state and do not require a 5250 hold.
Consider the Treating Facility’s Perspective
Think about why you were placed on a 5150 hold and what you can do to show you are capable of managing your mental and physical well-being on your own. During your 5150, you can follow the instructions provided by the treating facility’s staff. You can also eat, sleep, and do other things to get healthy so you can feel your best once again.
Consult with an Attorney
Hire an attorney that has experience with 5250 hearings. Your lawyer can examine your case and explore options to help you present a compelling argument during your hearing. If you have legal concerns or questions, your attorney can address them as well.
Reach Out to a 5250 Hearings Lawyer in Los Angeles
At Simmrin Law Group, we do everything we can to help clients with 5250 hearings and many others in Los Angeles. To learn more or request a free consultation, please contact us today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form