Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hi [USERNAME], my name is XXXXX XXXXX I will do the best to help you. My advice is general only and does not create an attorney-client relationship. I have been looking into the Florida Baker Act Law for you. May I ask how this determination was made?
Obviously your request for all of your medical and legal records is a great first step. There was obviously a psychiatric report of some sort that precipitated this finding. In order to challenge this finding, you will need to have your own doctor (psychiatrist) opine that you do not suffer from a mental defect. That physician will have to review the medical records and conduct his own examination of you to reach those opinions.
I take it you have not been committed to a mental facility as we are chatting online now which I don't believe you would be able to do from a health care facility.
If you had been committed, the legal proceeding to challenge your involuntary commitment would be a Petition for Writ of Habeas Corpus. This document is best prepared by a competent attorney who is versed in this area of the law.
I believe that the proper way to challenge this finding when you are not subject to an involuntary commitment would be a motion to set aside or disqualify the ruling of the judge who adjudged you to be mentally defective.
Here is a link for the Florida Bar Association's lawyer referral service. I suggest that you contact them for a referral to a mental health attorney in your area to contest this finding, if you do not already have an attorney. http://www.floridabar.org/tfb/TFBConsum.nsf/840090c16eedaf0085256b61000928dc/ec2322e512b83d1e85256b2f006cc812?OpenDocument
Do you already have an attorney to help you?
Hello? Are you there?
I am so sorry to hear this. I have no doubt that your level of sedation had some affect on your conduct during the hearing. Did they believe you were a danger to yourself or others during this time? Had you ever been a danger to yourself or others?
And do you have your own psychiatrist that you see regularly? And how about legal counsel? Do you have legal counsel?
I would like for you to call the Veterans Crisis Line at(NNN) NNN-NNNNand press 1. Go to veteranscrisisline.net. You can also contact the wounded warrior project in Jacksonville. It is a tragedy when who defend our country and out liberties are treated like this. There are loads of veteran assistance agencies out there. I am sure we can find one that can offer the help you need there in Florida. You will definitely need a psychiatrist to help you with the opinion you need. I would be happy to provide you with help in this to the extent that I can.
You just have to bear with me and my schedule....
There is some law on this. I just read it a short time ago on how to challenge this in the context of a firearms issue. I have to take my son to a friends. I will get you the exact procedures and statutes involved and get them to you shortly. I hope this is acceptable. I can also help your attorney friend from afar if needed (though this is not my expertise, I can lend a hand time permitting).
I should be able to get to this tonight. I hope this is okay.
I will be back shortly so please forgive me if I can't respond right away.
Here is the statute at issue and the process for obtaining relief...http://www.flsenate.gov/laws/statutes/2012/790.065.
The relief sections are codified at 790.065 (2)(a)4.d, which provides that:
A person who has been adjudicated mentally defective or committed to a mental institution, as those terms are defined in this paragraph, may petition the circuit court that made the adjudication or commitment for relief from the firearm disabilities imposed by such adjudication or commitment. A copy of the petition shall be served on the state attorney for the county in which the person was adjudicated or committed. The state attorney may object to and present evidence relevant to the relief sought by the petition. The hearing on the petition may be open or closed as the petitioner may choose. The petitioner may present evidence and subpoena witnesses to appear at the hearing on the petition. The petitioner may confront and cross-examine witnesses called by the state attorney. A record of the hearing shall be made by a certified court reporter or by court-approved electronic means. The court shall make written findings of fact and conclusions of law on the issues before it and issue a final order. The court shall grant the relief requested in the petition if the court finds, based on the evidence presented with respect to the petitioner’s reputation, the petitioner’s mental health record and, if applicable, criminal history record, the circumstances surrounding the firearm disability, and any other evidence in the record, that the petitioner will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest. If the final order denies relief, the petitioner may not petition again for relief from firearm disabilities until 1 year after the date of the final order. The petitioner may seek judicial review of a final order denying relief in the district court of appeal having jurisdiction over the court that issued the order. The review shall be conducted de novo. Relief from a firearm disability granted under this sub-subparagraph has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication of mental defectiveness or commitment to a mental institution from which relief is granted.
Take a look. I hope this is helpful. The instructions for the petition are pretty thoroughly explained in this section. I wish you the very best. Please feel free to ask me for any additional help you need. Thank you for your positive rating. And please, please keep me informed and let me know how things are going.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).