At Lessem, Newstat & Tooson, LLP, we recognize the intricate challenges that arise when a 5150 hold intersects with substance abuse and criminal charges. These cases blend mental health crises, addiction, and legal consequences, creating complex legal, medical, and ethical issues. Below, we outline the unique obstacles in these situations and how our experienced attorneys can provide effective representation.
Challenge 1: Differentiating Mental Health Crises from Substance-Induced Behavior
A key difficulty in 5150 hold cases involving substance abuse is determining whether the individual’s behavior results from a mental health disorder, substance intoxication, or both. Substances like methamphetamine, alcohol, or opioids can mimic or intensify psychiatric symptoms—such as paranoia or suicidal ideation—prompting a 5150 hold. However, once the substance’s effects subside, the individual may no longer meet the criteria for involuntary detention.
This raises critical legal questions:
- Was the 5150 hold justified if the behavior was primarily substance-driven?
- Could the hold be contested as an overreach?
At Lessem, Newstat & Tooson, LLP, we thoroughly examine the circumstances of the 5150 hold, reviewing police reports, medical records, and witness accounts. Our goal is to protect our clients’ rights and ensure any detention is based on a legitimate mental health crisis, not temporary substance effects.
Challenge 2: Managing Criminal Charges Alongside a 5150 Hold
When a 5150 hold occurs in conjunction with criminal charges, the legal complexities multiply. Charges like public intoxication, disorderly conduct, or assault—often tied to substance abuse—can accompany a 5150 hold, creating several challenges:
- Competency Issues: A 5150 hold may cast doubt on the individual’s ability to understand charges or assist in their defense, potentially halting criminal proceedings and complicating case timelines.
- Diversion Opportunities: A 5150 hold may qualify the individual for mental health or drug diversion programs, which can reduce charges or lead to alternative sentencing. Accessing these requires strategic advocacy.
- Defense Strategy Impacts: Prosecutors may use a 5150 hold to argue the individual is a public danger, while defense attorneys can highlight the need for treatment over punishment.
Our firm excels in navigating these intersections, collaborating with experts to assess mental health history, substance use, and the alleged offense to craft a strong defense.
Challenge 3: Ensuring Access to Appropriate Treatment
Individuals on a 5150 hold often struggle to receive proper treatment when substance abuse is a factor. Many psychiatric facilities lack the resources to address dual diagnoses (co-occurring mental health and substance use disorders). As a result, patients may be released after 72 hours without a comprehensive treatment plan, increasing the risk of further legal or personal issues, especially with pending criminal charges.
The stigma of substance abuse can also lead to inadequate care, with facilities prioritizing psychiatric stabilization over addiction treatment. At Lessem, Newstat & Tooson, LLP, we advocate for holistic care that addresses both mental health and substance use, connecting clients to rehabilitation programs or outpatient services for long-term recovery.
Challenge 4: Safeguarding Civil Liberties
A 5150 hold, while designed to protect, significantly restricts personal freedom. When substance abuse and criminal charges are involved, the risk of rights violations increases:
- Improper Detention: Misinterpreting substance-induced behavior as a mental health crisis can lead to unjustified holds.
- Due Process Violations: Individuals have the right to contest a 5150 hold or subsequent certifications, but navigating this alongside criminal charges is daunting.
- Firearm Restrictions: A 5150 hold triggers a five-year firearm ownership ban in California, which can feel overly punitive for substance-related incidents without a mental health history. Additionally, if a 5150 hold leads to a 5250 hold (14-day extended detention), it may result in a federal lifetime firearm ban.
Our attorneys are dedicated to protecting clients’ civil liberties, challenging improper detentions, ensuring due process, and mitigating consequences like firearm bans when appropriate.
Challenge 5: Supporting Families and Communities
Families of individuals on a 5150 hold often feel overwhelmed, especially when substance abuse and criminal charges complicate the situation. At Lessem, Newstat & Tooson, LLP, we provide compassionate guidance, helping families understand the legal and medical processes and connecting them with resources like addiction counselors or support groups.
How Lessem, Newstat & Tooson, LLP Can Help
Navigating a 5150 hold involving substance abuse and criminal charges demands expertise in mental health law, criminal defense, and addiction treatment.
Our firm offers:
- Thorough Case Evaluation: We investigate the 5150 hold and related charges to identify defenses and resolutions.
- Expert Collaboration: We work with mental health professionals, toxicologists, and addiction specialists to understand our clients’ needs.
- Aggressive Advocacy: From challenging improper holds to negotiating diversion programs or defending charges, we fight for our clients’ rights.
- Holistic Support: We connect clients and families with resources to address mental health and substance abuse for lasting stability.
The convergence of 5150 holds, substance abuse, and criminal charges creates a challenging legal landscape. At Lessem, Newstat & Tooson, LLP, we bring decades of experience and compassionate advocacy to these cases. If you or a loved one is facing a 5150 hold or related legal issues, contact our firm for a confidential consultation. Let us help you navigate this complex situation and work toward a positive outcome.