In California, 5150 and 5250 holds under the Lanterman-Petris-Short (LPS) Act allow for the involuntary detention of individuals experiencing a mental health crisis, deemed a danger to themselves or others, or gravely disabled. A 5150 hold permits a 72-hour detention for evaluation, while a 5250 hold extends this for up to 14 additional days for intensive treatment. While these holds aim to ensure safety and provide care, they can sometimes be misapplied, leading to unjust detentions that disrupt lives and cause distress. At Lessem, Newstat & Tooson, LLP, we recognize the critical role family advocacy plays in contesting improper holds, working alongside skilled criminal defense attorneys to protect individual rights.
This blog post explores how families can collaborate with legal counsel to challenge these holds, supported by real-world examples of successful outcomes.
Understanding 5150 and 5250 Holds
A 5150 hold can be initiated by peace officers, mental health professionals, or designated clinicians when an individual is perceived as a danger to themselves or others or is gravely disabled due to a mental health condition. After the 72-hour period, if professionals believe further treatment is necessary, they may impose a 5250 hold, extending detention for up to 14 days. While these measures are intended to protect, they can be misused due to misinterpretations of behavior, inadequate communication, or overcaution by evaluators. Such missteps can lead to unnecessary trauma, loss of personal freedom, and disruptions to employment or family life.
Families often serve as the first line of defense, offering critical insights into their loved one’s mental health history and behavior. By partnering with experienced attorneys, families can challenge these holds effectively, ensuring their loved one’s rights are upheld and advocating for release or alternative care options.
The Power of Family Advocacy
Family members bring unique perspectives to the table, often understanding their loved one’s mental health condition better than evaluators who may only interact briefly during a crisis. Their advocacy can make a significant difference in contesting a hold by:
- Providing Contextual Evidence: Families can supply detailed accounts of their loved one’s behavior, medical history, and treatment compliance, which may counter the rationale for detention.
- Requesting Legal Support: Families can engage attorneys to challenge the hold, request a Certification Review Hearing for a 5250 hold, or file a writ of habeas corpus to demand release if the detention is unjustified.
- Advocating for Alternatives: Families can work with attorneys to propose voluntary treatment or outpatient care as alternatives to prolonged involuntary detention.
By actively participating, families help ensure that decisions reflect their loved one’s true condition and needs, rather than relying solely on brief clinical assessments.
How Our Criminal Defense Attorneys Amplify Family Advocacy
Criminal defense attorneys with expertise in mental health law, like those at Lessem, Newstat & Tooson, LLP, play a pivotal role in translating family advocacy into effective legal action. Our team leverages family-provided information to build robust cases, employing strategies such as:
- Challenging the Basis of the Hold: Our attorneys can scrutinize the evidence and procedures used to initiate the hold, questioning the qualifications of the evaluator or the validity of their assessment.
- Presenting Comprehensive Evidence: Using family-provided records, medical histories, and witness statements, our attorneys can demonstrate that the individual does not meet the criteria for detention.
- Navigating Hearings: For 5250 holds, our attorneys prepare clients and families for Certification Review Hearings, which must occur within four days, presenting compelling arguments for release.
- Addressing Related Criminal Charges: If a 5150 hold coincides with criminal charges (e.g., disorderly conduct or assault stemming from a mental health crisis), our attorneys can use the hold as evidence to negotiate mental health diversion or alternative sentencing.
This collaborative approach ensures that family insights are effectively integrated into legal strategies, maximizing the chances of a favorable outcome.
Steps Families Can Take
If you or a loved one is facing a 5150 or 5250 hold, here are actionable steps to strengthen your advocacy:
- Document Everything: Keep a detailed record of your loved one’s mental health history, recent behaviors, and interactions with professionals.
- Contact an Attorney Immediately: Engage an attorney with mental health law experience like our team at Lessem, Newstat & Tooson, LLP, to review the hold and prepare for hearings.
- Request a Patients’ Rights Advocate: During a 5250 hold, ensure the facility provides access to a patients’ rights advocate, who can explain your loved one’s rights and next steps.
- Prepare for Hearings: Work with your attorney to gather evidence, such as medical records or witness statements, to challenge the hold’s validity.
- Explore Alternatives: Discuss voluntary treatment or outpatient options with your attorney to present as viable alternatives to detention.
Why Choose Lessem, Newstat & Tooson, LLP?
Our firm is dedicated to protecting the rights of individuals facing mental health crises and related legal challenges. With a proven track record in Southern California, we combine compassionate advocacy with aggressive legal strategies to secure optimal outcomes. We understand the emotional toll of involuntary holds on families and are committed to providing personalized guidance every step of the way. Whether contesting a 5250 hold or addressing related criminal charges, our team is here to help you navigate the complex intersection of mental health and criminal law.
Take Action Today: Protect Your Loved One’s Rights
Family advocacy is a powerful tool in contesting improper 5150 and 5250 holds, offering critical insights that can reshape the outcome of a case. By partnering with our experienced criminal defense attorneys, families can challenge unjust detentions, protect their loved one’s rights, and advocate for appropriate care. At Lessem, Newstat & Tooson, LLP, we are proud to stand with families during these challenging times, delivering results that restore freedom and dignity.
If you or a loved one is facing a 5150 or 5250 hold, don’t wait, contact us today at (888) 643-2943 for a confidential consultation. Let us help you turn advocacy into action.