Florida Baker Act Attorney

Florida is one of several states that has enacted legislation permitting the involuntary detention of a person in cases of a mental health emergency. In terms of the Florida Mental Health Act – also called the Baker Act – a person may be taken into custody and delivered to a facility for an involuntary psychiatric examination by an appropriately qualified medical professional.

Baker Act detentions can be highly stressful for the families of detained individuals, and navigating the Act’s complex procedures in emotionally charged circumstances can be especially overwhelming. Thankfully, experienced legal support is available. Baker Act Attorneys is widely recognized as the Florida-wide authority on the Baker Act, and is the firm of choice for families needing to hire legal representation for loved ones being held in terms of Florida’s mental health laws.

From Jacksonville to Miami and everywhere in between, Baker Act Attorneys is ready to help your family navigate a Baker Act emergency.

Understanding The Florida Baker Act Process

In Florida, a person can be detained on mental health grounds by one of three authorities: law enforcement, a medical professional with relevant experience, and a judge, following an urgent petition for the person’s involuntary examination. However, regardless of the process by which a Baker Act detention is initiated, certain criteria must first be met.

First, the authority initiating the Baker Act detention must have good reason to believe that the person concerned has a mental illness that is causing them significant mental or emotional impairment, to such an extent that they can no longer cope with the demands of day-to-day life or perceive reality. Further, as a result of this impairment, the person must have refused to undergo a psychiatric examination or must be unable to decide whether they require such an examination.

Finally, a Baker Act detention can only be initiated if there is a substantial risk that, if no Baker Act intervention takes place, the person will suffer harmful neglect due to their inability to care for themselves, or there is an imminent and real risk that they will cause serious harm to themselves or others.

How Baker Act Detentions Are Implemented In Florida

If your loved one has been subject to involuntary detention in terms of the Baker Act, it is crucial that you contact a reputable Florida Baker Act attorney as soon as possible. Once they have been detained, the strict timelines and processes stipulated in the Baker Act must be followed. Having an attorney on standby will help you to ensure that these procedures are observed in your loved one’s case. In most instances of Baker Act detentions, the person being held for an assessment will be taken to a psychiatric facility, referred to as a ‘receiving facility’ in the Act. Most cities in Florida, including major cities such as Miami, Orlando, Tampa, St Petersburg and Jacksonville, have several designated receiving facilities.

Once your loved one has been delivered to a receiving facility, they must be examined by an appropriately qualified medical professional – such as a psychiatrist, physician, or clinical psychologist – as soon as possible, and in any event within 72 hours of being detained. As soon as their involuntary examination is complete, your loved one must be released, unless the facility has filed a special petition (called a petition for involuntary placement) seeking the long-term involuntary commitment of your loved one for psychiatric treatment (presuming they are actually following the law). Long-term commitment is a significant intrusion on a person’s civil liberties, and the facility must have very strong evidence that your loved one’s mental illness is so serious that no other form of treatment is viable.

Why Hiring A Florida Baker Act Attorney Is Essential For Your Loved One’s Case

With years of experience as Florida’s leading Baker Act attorneys, our team has seen every possible kind of Baker Act scenario play out. Unfortunately, although the Baker Act plays an important role in saving lives, it is also frequently misused – as our track record of Baker Act litigation demonstrates. It is not uncommon for law enforcement to misapply the Baker Act’s criteria and detain a person who is demonstrating erratic behavior but who is not suffering with serious mental illness that places them or others at risk of harm. Likewise, we have encountered unscrupulous receiving facilities which refuse to release individuals even after the 72-hour assessment period has lapsed, or which repeatedly violate patients’ rights while in detention. Whether you’re based in St Petersburg or Orlando, our firm serves Florida’s families east to west and north to south, so you’ll never need to navigate a loved one’s Baker Act emergency alone.

Seeking A Loved One’s Release From A Florida Receiving Facility

When it appears that your loved one’s Baker Act detention has been carried out unlawfully, or you are concerned that the facility will petition the court to order their long-term involuntary placement, you need a reliable Florida Baker Act attorney in your corner. There are several legal remedies available for families who are concerned that their loved ones are being improperly held in terms of the Baker Act. Our firm has a wealth of experience in using the following legal procedures to help families secure the immediate release of their loved ones and protect patient rights:

• Filing a writ of habeas corpus, which is a special type of petition in terms of which the representatives of the receiving facility are summoned to appear before a judge to provide legal justification for your loved one’s continued detention;
• Defending petitions for involuntary placement using a strong body of evidence to support arguments for your loved one’s immediate release; and
• Suing the facility for damages for physical harm suffered by your loved one as a result of their unlawful Baker Act detention.

We have helped countless Florida families to secure an emergency Baker Act release, and our attorneys have years of experience in representing clients in various circuit courts across Florida, including those in Miami, Tampa, St Petersburg, Orlando and Jacksonville. We will consult with you in detail to gain a comprehensive understanding of the circumstances of your loved one’s case, and will provide you with compassionate, strategic legal advice and representation.

Experienced Florida Baker Act Attorneys Are Here To Help

Finding out that a loved one has been detained in terms of the Baker Act can be a very distressing experience. The team at Baker Act Attorneys has helped families across Florida to fight for their loved one’s rights and ensure their release from involuntary hospitalization at a Baker Act receiving facility.

Whether you’re based in Jacksonville or Orlando, Miami or Tampa, no city is too far away for our exceptional team of attorneys. With our passionate, knowledgeable lawyers guiding you, you can rest assured that you and your loved one will soon be reunited. Don’t face this daunting situation alone – contact us today at 855-429-0074 for round-the-clock emergency Baker Act legal support.