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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117404
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I took my husband to the doctor yesterday because he was

Customer Question

I took my husband to the doctor yesterday because he was having an adverse reactions to the Zoloft he was placed on 6 days earlier. The doctor got finished explaining he was unable to treat him so give him a few minutes to see what needs to be done then 2 police officers came in the room and took him away. He's being treated like a criminal!
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No still trying to find out if this is even something I can get help for.
JA: Is there anything else important you think the Lawyer should know?
Customer: Well today they're trying to tell my husband that this is his second offense or something but he's never been to a facility ever. It seems like they're making excuses to hold him for 3 days.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
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.
Where did they take him? They didn't arrest him did they? Did they do an emergency commitment for mental health observation?
What is your question for us about this situation?
Expert:  P. Simmons replied 1 year ago.
IF you accept Art 15. That is why I am telling you, if you are innocent? Refuse Art 15.
Customer: replied 1 year ago.
They took him to a mental health facility which looks like a prison. He was not arrested but was told he had to be handcuffed to go in the car. It wasn't until he got there were we told that the doctor placed him there under the Baker act. I'm only allowed to see him from 7to8pm even though the patient bill of rights states he can have visitors anytime. He's only allowed to use the phone for 10 minutes an hour and can only go outside during rec time in a double fenced area lined with razor wire. I don't understand how they can treat someone who has never done anything wrong like a common criminal. Plus today they claim he's been to a facility back in 2008 but they've got it wrong. In 2008 we took our youngest because of ADHD and I guess because he signed her in they're now claiming this is a second offense. I'm not allowed to talk to anyone and heaven forbid I bring him anything. I'm extremely upset and lost without him. Please help me get him home. They made him sleep on a 3 inch mattress last night now he can hardly walk because he has 3 herniated discs in his lower back. This seems like wrongful imprisonment but I'm not the lawyer.
Expert:  P. Simmons replied 1 year ago.
If the folks accusing you have a history of lying? ANd there is no other evidence to convinct you? I suspect the government will have a tough time convicting at court.
Expert:  P. Simmons replied 1 year ago.
Sorry...not sure what happened...I posted to another question and it landed here...sorry and please ignore my prior responses...Paul has a great deal of experience and can assist you
Expert:  Law Educator, Esq. replied 1 year ago.
Please excuse the above, we have a technical issue on the site that has been reported for months, but has yet to be corrected. Sorry.
Unfortunately, under the FL law, drug reactions are considered a danger to self or others and grounds for emergency commitment under the Baker Act. As far as him being taken in by the police, that is something that has to be done when the doctor made the determination in the office and the police procedure is for protection of your husband and also the officers, that anyone being transported must be handcuffed. Yes, it made him feel like a prisoner and essentially he was not free to leave once the doctor determined he needed observation and evaluation under the Baker Act.
So, now, if you believe he does not need such evaluation, then the next step under Baker Act is you are entitled to get him a local attorney and the local attorney would have to file for a hearing in court to get him released from the facility. This would mean the attorney will need to get another doctor into the facility to examine your husband to determine he is not in need of further confinement under Baker.
Thus, if you want to get him released, you would need to get him a local attorney to file for the emergency petition for release in the court.