Attorneys for 5250 Hearings in Los Angeles

5150 Hold vs 5250 Hold

In California, law enforcement officers and certain mental health professionals have the authority to take an individual into custody if they believe a mental illness will likely contribute to the individual causing harm to themselves or others. This procedure is known as a “5150 hold,” and can result in an individual being held for up to 72 hours.

The criteria for a 5150 hold can include:

• Danger to self – If you have threatened self-harm or attempted suicide, the officer may consider you to be a danger to yourself
• Danger to others – If you made threats or attempted to harm others
• Grave disability – If you are incapacitated to the extent that you are unable to care for basic needs, including food, shelter, clothing, etc.

If mental health professionals determine you need additional treatment because you are unwilling or unable to accept voluntary treatme

What Happens at a 5250 Certification Review Hearing?

During a 5250 hearing, a neutral party determines if there is strong enough evidence to keep you at the facility against your will. If the neutral party believes there isn’t enough evidence to continue holding you, then the facility will be forced to let you go.

The hearing is less formal than typical court hearings, so that parties can be open about the certification and whether or not they want treatment. The Certification Review Hearing must be held within four days of the individual being certified for a 14-day hold.

Your Rights During the Hearing

If you are on a 5150 hold and the treating facility wants to keep you for longer than 72 hours, then it’s important to know that you have the right to:

• Attend a Certification Review Hearing
• A written notice that includes the specific reasons for which you are being held, as well as a patient rights advocate who can explain your rights
• Be represented by an attorney, who may present evidence to support your case.

It is important to note that unlike in criminal proceedings, an attorney will not be appointed free of charge.

Why Do I Need an Attorney for My 5250 Hearing?

Although 5250 hearings are less formal than regular court proceedings, you should still be represented by an experienced lawyer to make sure your legal rights are protected.

At Lessem, Newstat & Tooson, LLP, we are committed to advocating for clients with mental illnesses. We understand that police and mental health professionals can misread symptoms and situations, which is why we use our knowledge of the law to help clients prove they are not a threat to themselves or others. Because you will need the right evidence to prove your case, you should consult with a seasoned lawyer to devise a strong legal strategy.