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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23147
Experience:  Active member of the NYS bar since 1989
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My friend is under 5150 can a layer speak to him? CA, can a

Customer Question

my friend is under 5150 can a layer speak to him?
JA: What state are you in? It matters because laws vary by location.
Customer: CA
JA: Has anything been filed or reported?
Customer: can a lawyer speak to him at 12:50?
JA: Anything else you want the lawyer to know before I connect you?
Customer: the person i spoke to said s ;lawyer cannot speak to him at this time ?
Submitted: 10 days ago.
Category: Legal
Expert:  Zoey, JD replied 10 days ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey, JD replied 10 days ago.

Under 5150, the state has a right to hold this person for 72 hours. During that time, he has no right to talk to a lawyer. The purpose for his being there is because it was believed that he was a danger to himself and others, and he is being evaluated by psychiatrists.

In many cases, the patient is released before 72 hours and sent home with or without a plan for further outpatient treatment. If the staff agrees that he is a danger to himself or others, however, and further psychiatric treatment is needed for his condition, then he would be entitled to a lawyer and a hearing before the judge to get him released from custody. You can see the 5150 laws here.

If he doesn't have a lawyer by then and wants one, one will be appointed for him. But he may be in no position to ask for one. So it's best that even though it may not be 72 hours yet, you get a lawyer involved. At least he can put the facility on notice that the patient is represented by counsel, so that he can talk to his patient at the first opportunity and to safeguard his rights.

Expert:  Zoey, JD replied 8 days ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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