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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115495
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was arrested and placed on a 5150 hold by a Santa Cruz

Customer Question

I was arrested and placed on a 5150 hold by a Santa Cruz County Sheriff on November 6th 2015. I was taken to Dominican Hospital then released To Santa Cruz PHF ere I was placed on 5150 and a 5250. I suffer from documented mental health conditions. I was denied my medications and suffer several seizures before suffering a Grand Maul Seizure on November 12th and transferred to Dominican Hospital in Santa Cruz, who over sees the PHF facility, treated and released on November 18th. I went down to the Criminal divison to see if any charges were file on me and if there was anything else I needed to do. I was told,"no." I did the same with the Santa Cruz County District Attorneys Office and told the same. I was never informed by the County of Santa Cruz to give up my other, legally owned weapons and ammunition. Two months later I was paid a visit by 2 State Department of Criminal Justice Special agents and a Santa Cruz PD Officer and placed under arrest on 2 felonies, possession of firearms and ammo. All of this was done whil my son, a 2nd Class Petty Officer in the U.S. Navy watched. He was the one that brought up the fact that i was never read my rights. I was also not shown the search warrent or any ID from any of the officers. I had to pay a $500.00 bond on a $5,000 bail. I was ordered to court on January 20th and was told they were not ready to proceed. the same thing happened on February 2nd. I have not been given any records relating to the offense, been denied a Public Defender, and was told by Assistant District Attorney Dave Genolio that the county had nothing to do with my arrest even though I have copies of the missing person report and the arrest and 5150 hold by Deputy Sheriff Joseph Lee case number(###) ###-#### ***** case agent for the state of California is Brett McAndrews who claims the county of Santa Cruz Contacted him and I should have been notified prior to hi being called out to arrest me two months later on January 6th, 2016 that the Santa Cruz County officials should have contacted me to turn in my weapons to avoid arrest. My name is***** and my phone number is(###) ###-#### ***** am mentally disabled which is well documented and the reason why I suffered a grand maul seizure while at the PHF facility even though my brother and wife told them I needed my medication of would suffer the trama that I went through and continue to go through since this horrible event took place. I fear for my mental stability and am in the process of backsliding into a possible fatal depression. I have reached out to various health agencies and have not had much luck. I need help despartly.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were arrested regardless of what the DA or county had to do with the arrest or not, you are entitled to a public defender if you cannot afford your own attorney. You need to contact the public defender's office not the DA to get representation. If you have mental disabilities, then the agents had a legal right to take your weapons, but they needed to have a valid warrant. They did not have to read you your rights UNLESS they were going to question you about any crimes. If you were never asked to surrender weapons or ammunition and were never told to do so, they would not be able to convict you, but this is for the public defender to use in court to defend your charges.
You must contact the public defender's office, not the Santa Cruz DA, for legal representation immediately and if you cannot do this because of your disability, you need to get your brother to assist you. Again, it is the public defender you need to contact, not the DA, to get the legal representation you are entitled to and based on what you are saying they should be able to get the charges dismissed.