It’s all too easy for police officers to misunderstand how a person’s mental health can complicate their relationship with the law. Our mental health lawyers in San Dimas, CA, understand that officers can overreact to perceived dangers. Those overreactions can result in wrongfully compounded criminal charges and involuntary mental health holds.
If you want to challenge your treatment at the hands of California police officers, call Simmrin Law Group. Our understanding of mental health law allows us to defend you against compounded criminal charges. We can also challenge your wrongful 5150 and 5250 holds. A San Dimas criminal defense lawyer from our firm has the experience and the knowledge to fight for your rights after a life-altering accident. Let us put our 19 years of criminal defense experience to work for you.
Common Police Responses to Mental Health Conditions
The symptoms of a mental health condition aren’t always obvious, especially to someone who doesn’t recognize them. Unfortunately, mental health conditions can compromise a person’s understanding of the law or make them react poorly to the tactics officers may use to arrest them.
Officers who aren’t trained to de-escalate encounters with people with mental health conditions can make arrests more complicated than necessary. Those failures can see arrestees face compounded charges. Officers may also argue that their arrestees deserve unnecessary and involuntary mental health holds.
It’s with the risk of police mistreatment in mind that our criminal defense lawyers in San Dimas offer their services. Our San Dimas mental health team includes:
- Civil rights lawyers
- Disability benefit claims lawyers
- Guardianship and/or conservatory lawyers
- 5150 hold lawyers
- 5250 hold lawyers
5150 and 5250 Holds
A 5150 hold can see someone with a mental health condition face up to 72 hours of involuntary imprisonment. These holds should get someone the psychiatric care they need to recover from a mental health incident. In reality, these holds can expose detainees to psychiatric abuse and mistreatment.
Many police officers recommend that someone undergo a 5150 hold when they don’t understand how to care for someone with a mental health condition. Once a person’s 72-hour detainment is up, officers and psychiatric professionals will hold a certification hearing review to determine whether or not that person needs to undergo a 5250 hold.
5250 holds can see a person detained for an additional 14 days on top of their original 5150 hold. However, because detained individuals retain their right to a lawyer, they can contact a mental health attorney in San Dimas, CA, to contest these longer holds.
For a free legal consultation with a mental health lawyer serving San Dimas, call (310) 896-2723
You Can Speak to a San Dimas Mental Health Lawyer During a Wrongful Hold
California police officers do not have the right to deny you access to a lawyer if you’re under an involuntary 5150 or 5250 hold. Even while under these holds, you still have the right to:
- Explanations for your detainment
- Refuse medication so long as you aren’t in immediate danger
- Speak with and see visitors
- File a grievance regarding your care
Likewise, you have the right to judicial review and habeas corpus. If you suspect officers or a psychiatric institution have tried to violate your rights, get in touch with our San Dimas, CA, mental health attorneys as soon as you can.
San Dimas Mental Health Lawyer Near Me (310) 896-2723
You Can Request Alternative Sentencing in the Face of Criminal Charges
Police officers can use 5150 and 5250 holds to protect the public from someone having a mental health crisis. These holds should also protect a person from themselves. However, officers can also misuse these holds when arresting someone with a mental health condition for criminal misconduct.
While challenging a wrongful 5150 or 5250 hold, a mental health attorney in San Dimas can also challenge any criminal accusations brought against you. Our team crafts your defense by:
- Investigating the circumstances that led to your arrest
- Investigating officers’ behaviors at the time of your arrest
- Discussing bias and any criminal history you may have
We can then present that defense to a criminal judge as a reason to have the charges brought against you reduced or dropped. We can also argue for your right to criminal consequences that don’t involve jail time, including participation in a mental health diversion program.
What to Know About California’s Mental Health Diversion Programs
Mental health diversion programs are pretrial opportunities for people with mental health conditions to seek out treatment. These programs allow an impacted party to avoid an immediate trial. However, would-be participants must qualify for these programs.
California requires all mental health diversion program participants to:
- Have a mental health condition described by the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), including depression, anxiety, PTSD, and/or schizophrenia
- Have proof that a mental health condition contributed to any alleged crimes the participant caused
- Have proof that a mental health condition makes a person a risk to the public and themselves
Participants must also waive their right to a speedy trial, as mental health diversion programs can take up to two years to complete. Notably, certain conditions disqualify a person from participating in a mental health diversion program, including diagnoses of pedophilia or antisocial personality disorder.
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Let’s Protect Your Future Together
People with mental health conditions deserve to be treated with respect and dignity. No one dealing with a mental health condition should have to endure mistreatment, abuse, or civil rights violations, particularly not from arresting officers.
If you feel California police officers have mistreated you because of a mental health condition, let our team know. Mental health attorneys in San Dimas, CA, can help you fight against wrongful 5150 and 5250 holds. We can also advocate for your right to alternatives to imprisonment if you’re facing criminal charges.
You can request a private defense evaluation with our staff today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form