Have you or a loved one been subjected to an involuntary 5250 psychiatric hold? Being involuntarily held for an extended period is a psychologically taxing experience, and individuals held do not always have their rights respected.
You might feel isolated and alone when dealing with an involuntary 5250 hold, but a Whittier mental health lawyer from Simmrin Law Group can assist. We have over 20 years of experience protecting the rights of Californians from overreaches of the legal system and can help you find relief.
We pride ourselves on being fierce mental health advocates for our clients and strive to ensure their autonomy and dignity are maintained. Feel free to reach out to see how a Whittier 5250 hearings lawyer can assist.
Why You Should Have a Lawyer at Your 5250 Hearing
5250 hearings are not formal court hearings, but you should still have an attorney on your side. An attorney can help you prepare for the hearing and gather evidence to prove you are not a danger to yourself or others.
For example, a 5250 hearings lawyer in Whittier can gather psychiatric documentation showing a history of therapy, or obtain testimony from friends and family stating you are not a danger. They could also question the grounds under which the facility invoked the 5250 hold in the first place.
Unfortunately, many mental health professionals dismiss the concerns of their patients, especially those they deem incompetent. A mental health lawyer can ensure that your voice is heard during your hearing and fight against unjustified involuntary holds.
For a free legal consultation with a 5250 hearings lawyer serving Whittier, call (310) 896-2723
5150 vs. 5250 Holds in California
Law enforcement and mental health professionals in California possess the ability to involuntarily detain a person for up to 72 hours if they believe the individual is at risk of harming themselves or others. During the hold, mental health professionals will observe the individual to determine if further treatment is necessary.
According to California Welfare and Institutions Code 5250, if a mental health professional determines the individual needs more treatment or is unwilling to accept additional voluntary treatment, the individual can be held for a further 14 days. This is called a 5250 hold and can trigger at the end of the initial 72-hour period.
Three conditions allow mental health professionals to impose an extended 5250 hold:
- Danger to self. The individual indicates through behavior or speech that they intend to grievously harm themselves.
- Danger to others. There is reason to believe the individual will harm others, such as threats or aggressive behaviors.
- Graveley disabled. The individual is incapable of providing for their basic needs (i.e., food, shelter, clothing, etc.) due to disability.
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Due Process in 5250 Certification Hearings
One key difference between 5150 and 5250 holds is the presence of 5250 hearings. When you are placed on a 5250 involuntary hold, you are automatically entitled to a 5250 certification hearing. This is a legal hearing to determine whether there is sufficient reason to keep you detained.
The certification hearing is an informal process, so there are no courtroom procedures to follow. However, it is still recommended that you have an attorney present at your hearing. It is important to note that a public defender will not be provided to you, so you must seek out a private attorney ASAP.
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What to Expect in a 5250 Hearing
The structure of 5250 hearings is relatively simple. The Hearing Officer will first explain why they are there and provide reasons why professionals believe you need to be detained. Next, your Patients’ Rights Advocate and attorney can provide evidence and arguments in your favor.
Afterward, you may be asked questions about your mental state and behavior. After all evidence is presented, the Hearing Officer will decide whether the hold is warranted or not. Certification hearings must happen within four days of being placed on a 14-day hold.
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Long-Term Consequences of a 5250 Hold
5250 holds are not a criminal matter, but repeated holds can have long-term impacts on your life:
- Background checks. 5250 holds don’t show up on criminal background checks, but they can show up for certain jobs with high security clearances. A history of repeated holds could make one ineligible for such employment.
- Personal rights. Similarly, repeated 5250 holds could result in the courts assigning a conservatorship to manage your affairs. Those with severe mental health restrictions can also lose custody of their children.
- Other consequences. Other potential outcomes of repeated 5250 holds could include loss of firearm rights, immigration consequences, and stigma from friends, family, and coworkers.
The long-term consequences of a 5250 hold can be immense, so it’s crucial that you work with a 5250 hearings lawyer to protect your interests.
Contact a 5250 Hearings Lawyer in Whittier Today
5250 holds exist to protect people who are a danger to themselves, but held individuals are still entitled to certain rights. Paramount to those is the right to a hearing to determine whether they are a danger to themselves or others.
Facing an extended 5250 hold can be a scary experience, but you are not alone, and help is available. Simmrin Law Group has been a reliable legal advocate in Whittier for over two decades, and we are here to provide the crucial legal support you need in your difficult circumstances.
Contact a 5250 hearings lawyer in Whittier online or reach out by phone today to schedule a case consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form