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Mental Health Law in Santa Monica

Santa Monica Criminal Defense Attorney

People with mental health issues can easily become victims of the criminal justice system. They are often locked up in jail and treatment facilities because their condition is not understood. This makes them extremely vulnerable to arrests and other forms of law enforcement actions that are often a violation of their rights. Lessem & Newstat is a knowledgeable and experienced firm dedicated to the defense of individuals with a mental illness. A Santa Monica criminal defense lawyer at our office can answer any questions you have about mental health law, and provide effective representation if you or a loved one suffer from a mental health condition and have been charged with a crime. Our firm is highly respected by many professional groups for our legal abilities, and has received the highest rating possible from Martindale-Hubbell. Attorney Joshua Newstat is president of the Ventura County Criminal Defense Bar Association and has devoted his career to helping the persecuted.

Attorney Jeremy Lessen is a seasoned litigator and skilled negotiator that will fight for the justice that you deserve.

Many times a person that is psychotic, demonstrating manic behavior or using prescribed antipsychotic medication will be unjustly accused of offenses involving intoxication and substance abuse. Law enforcement may even consider their behavior dangerous to others and act accordingly when they are no threat at all. Our firm will aggressively protect your rights and relentlessly pursue a case dismissal if you have been charged with a criminal offense. We will also seek sentencing alternatives and other solutions that will more effectively address your legal situation.

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Defense in Civil Commitment Cases

Under the California Welfare and Institutions Code Section 5150 (involuntary psychiatric hold), you can be detained for up to 72 hours without any right to ask the court for release. A 5150 can be ordered when law enforcement or a mental health professional determines that you are:

  • A danger to yourself
  • A danger to others
  • Gravely disabled due to a mental condition.

You can also be detained and forced to stay in a hospital for as long as 14 days under California Welfare and Institutions Code Section 5250. In a 5250, you have the right to an attorney and an automatic certification review hearing. When detained under 5150 and 5250 statutes, it is also likely that you will be forced to take antipsychotic medication.

This misdiagnoses or even misunderstanding of a person's mental condition can have serious consequences and lead to undeserved legal proceedings. Our firm understands the many issues surrounding mental illness, and can be trusted to provide uncompromising legal advocacy and the protection that you need. Call us for help in Santa Monica, Malibu, Westwood, and Venice.

Contact a Santa Monica criminal defense attorney for dedicated and vigorous representation if you or a loved one suffer from a mental illness and are facing criminal charges or confinement.