Do you need the assistance of a Florida Baker Act attorney?
Is your loved one experiencing a mental health crisis? Have they been detained by law enforcement on mental health grounds, or have been sent to a facility by a medical professional or court against their will? You’re not alone. The team at Baker Act Attorneys is ready to help you. Wherever you are in Florida, whatever time of day or night, whatever the circumstances of your loved one’s mental health emergency – we’re on standby to take your call, and will spring into action to work for your loved one’s immediate release.
What is the Baker Act?
Chapter 394 of the Florida Statutes, also known as the Florida Mental Health Act or the Baker Act, is a law which allows a person experiencing a mental health emergency to be taken to a treatment facility against their will for an involuntary psychiatric examination. This process is commonly called a ‘Baker Act hold’, and it can be initiated by a law enforcement officer, a medical professional with mental health expertise, or a court. A person may only be held for an involuntary examination for a maximum of 72 hours (excluding weekends and holidays). If the examination indicates that the person examined requires long-term psychiatric treatment, the Baker Act also permits them to be involuntarily committed for up to six months – a process known as ‘involuntary placement’.
Can attorney Mark Astor help you?
Florida’s leading Baker Act attorney, Mark Astor, who has had his own family member Baker Acted, routinely helps families navigating a loved one’s mental health crisis. Whether you’ve just found out your loved one has been taken into custody under the Baker Act and don’t know where to turn, are concerned about a loved one’s well-being and wondering whether you should initiate Baker Act proceedings yourself, or are trying to fight a facility’s attempt to extend your loved one’s detention, Mark Astor is your first port of call. With years of experience navigating Florida’s court system and the complex procedures contained in chapter 394, there’s no mental health law issue he’s not equipped to deal with.
What does Baker Act legal representation involve?
At Baker Act Attorneys, we play a crucial role in reuniting families with their loved ones. We do this through various strategic interventions, including:
- negotiating your loved one’s release from the facility;
- filing a writ of habeas corpus petition to challenge the legality of your loved one’s confinement; and
- opposing petitions for involuntary placement.
These interventions may involve: liaising with a range of stakeholders on your behalf, from facility personnel to court officials; preparing legal argument; gathering evidence to motivate for your loved one’s release in court; and representing your loved one in court hearings.
Act immediately to protect your loved one
When a loved one has been subject to an involuntary Baker Act hold, the first 72 hours are critical: this is the BEST time to secure your loved one’s release from the facility, before it has an opportunity to petition for a court order authorizing your loved one’s long-term involuntary detention.
Mark Astor helped save my son’s life after he was Baker Acted in Florida. He has been a Godsend to us, I highly recommend Mark if you’re faced with a Baker Act situation. Cannot thank him enough!!!Mary T., West Palm Beach, FL
How Baker Act Attorneys Can Help Your Family
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Our exceptional team of Baker Act attorneys are on standby to assist you with the following Baker Act legal services:
- Preventing your loved one’s long-term involuntary detention in a facility
- Fighting for your loved one’s immediate release when the Baker Act has been applied unlawfully or without proper procedures
- Ensuring your loved one’s rights are protected throughout their time in custody
- Helping you to help your loved one when severe mental illness is impacting their ability to cope with the demands of day-to-day life
- Deciding on appropriate behavorial health legal interventions when a loved one is suffering both from mental illness and a substance abuse disorder
- Providing compassionate mental health law support through confidential client consultations
You Need To Make A Critical Choice Right Now
When a loved one is in crisis, your top priority is to get them the help they need, whether that means enrolling them in an outpatient or inpatient program, finding them a therapist, or ensuring they take their medication. You want your loved one to be involved in the decision-making process as far as possible, and don’t want them to be locked away in a facility against their will.
If you don’t act quickly and simply allow the circumstances to play out, your loved one could be held in a facility for weeks or even months, which may ultimately not be in their best long-term interests. You need to make a decision: do you trust the facility to decide what’s best for your loved one, or do you want an experienced Baker Act attorney to file an emergency petition to first secure your loved one’s release so that you can have a greater say in how they are provided treatment? Our Baker Act Attorneys will take immediate legal action as soon as we receive your call. We will let the facility know that we are representing your loved one, and then we will take all the necessary steps to prevent the facility from filing a petition.
A Guide to Dealing with the Florida Baker Act
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Why We Are Florida’s Baker Act Law Firm Of Choice
Baker Act Attorneys is widely recognized as one of Florida’s leading mental health law firms. There are many reasons why Mark Astor’s team should be your first port of call, but our clients widely agree that these are our standout qualities:
1) Many years of experience in Baker Act litigation
For many years, we have provided exemplary legal services to families and individuals navigating mental health issues, substance abuse impairment, and behavioral disorders. We understand Baker Act cases and Chapter 394 of the Florida Statutes at a granular level, and have extensive experience dealing with law enforcement officers in these exact circumstances.
2) We get results
We recommend calling our team as soon as you become aware that your loved one has been held under the Baker Act. We are on standby 24/7 to take your call. The sooner we can begin working on your loved one’s case, the higher the likelihood of achieving a superior outcome and securing the release of your loved one. In our experience, mental health treatment is usually better accessed outside of an involuntary environment through your family therapist and other mental health professionals.
3) Immediate action now
We act immediately on your behalf to inform hospitals and physicians at the receiving facility that we represent you, and that our team is taking legal action to obtain the release of your loved one. If necessary, we will work round-the-clock to file an emergency writ of habeas corpus petition with the local Florida Circuit court to force an emergency release hearing.
4) Compassionate approach to mental illness
We have an in-depth understanding of mental illness and the challenges it presents to families. We are also sensitive to the fact that encountering the Baker Act for the first time can be incredibly distressing. We are here to provide compassionate, sensitive legal support at every stage of the process, and will be an invaluable source of moral support to you during this time.
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FAQs - Common Questions for Baker Act Lawyers
What does involuntary examination mean in Florida?
In Florida, involuntary examination is the process described in Chapter 394.463 of the Baker Act. It refers to a process whereby an individual can be detained against their will and taken to a receiving facility for a psychiatric evaluation by a psychiatrist, physician, or clinical psychologist. The involuntary examination hold period may only last 72 hours, after which point your loved one must be immediately released, unless the facility files a petition for their extended detention.
What are the criteria for involuntary examination in Florida?
Under the Baker Act, a person can be held for an involuntary examination if there is good reason to believe that the person concerned has a mental illness, and because of this mental illness:
- The person has refused a voluntary examination, or lacks the capacity to determine whether a voluntary examination is necessary; and
- If a Baker Act hold is not initiated, they are likely to suffer from significant neglect that poses a real risk of harm to their well-being; or there is a substantial likelihood, evidenced by recent behavior, that they will imminently attempt to cause serious harm to themselves or others.
How long can someone be Baked Acted in Florida?
In Florida, individuals can be held for involuntary examination for a maximum of 72 hours, excluding holidays that may incur additional times due to accessing administrative services. If your loved one has been held for longer than 72 hours where no further petition has yet been filed, you need to call us immediately.
Can you help regardless of whether my loved one is held at a public or private facility?
Yes! We can assist with securing the release of your loved one regardless of whether the facility where they are being held is private or publicly owned.
My loved one has prior mental health problems; can you still assist?
Absolutely. We understand that mental illness is extremely challenging, and episodes can reoccur. We’ve assisted many Baker Act clients who have loved ones with prior mental illness or law enforcement incidents. Our professional team can help to secure their release from a Baker Act hold regardless of the patient’s prior clinical record.
Do you provide Baker Act assistance for minors?
Yes, we regularly help families to secure their child’s immediate release from facilities. The law surrounding Baker Act holds for minors is complex – you should contact our offices as soon as possible if your child has been Baker Acted. We will work to reunite you with your child as soon as possible
Do you operate in West Palm Beach, Miami, Orlando, and other parts of Florida?
Absolutely, we regularly assist clients based in West Palm Beach, Fort Lauderdale, Orlando, Tampa, Jacksonville and Miami. Our firm operates throughout the entire state of Florida, so regardless of where your loved one is based, we’re available to assist them.
Does Baker Act defense always involve going to court?
Baker Act defense does not always involve appearing before a court – in some cases, if we act quickly and let the facility know that we are representing your loved one and demand their immediate release, a hearing may not be necessary. Often, facilities will decide not to pursue a petition for involuntary placement once they find out a lawyer has been appointed.
How much does a Baker Act attorney cost?
The cost of legal services can vary based on the individual circumstances of your case and the background of your loved one. However, we will provide you with a fee quote for full transparency when you call us. We always provide a conscientious explanation of the process and costs involved.
What will happen when my loved one is released?
Once your loved one is released, we can put you in touch with excellent mental health services so that your loved one can benefit from outpatient treatment services such as therapy, group counseling, medication and the like. Note, a involuntary examination under the Baker Act will likely appear on medical records and police records.
Don’t Delay – Contact Baker Act Attorneys To Ensure Your Loved One’s Immediate Release
You don’t need to face the daunting prospect of securing your loved one’s release alone. The team at Baker Act attorneys is here to take care of every aspect of this complex legal process, so that you can focus on supporting your loved one during this challenging time.
For exceptional Baker Act legal representation, call our offices today at 855-429-0074.