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Can I threaten a facility or should I just take action?

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Hello, everyone! Welcome to another edition of the Drug and Alcohol Attorney’s video newsletter.

In this video, I want to discuss a conversation I’ve had with some people who called us. Their loved ones have been held at a Baker Act, and they’re not being released. Can you write a letter to the facility or call the facility and threaten them with a lawsuit? To explain my response, I can give you an analogy.

Some of you know I’ve been practicing martial arts for many years, and I have learned since I’ve been training in Krav Maga, which is the Israeli system, that I want to be able to dictate the outcome of any particular confrontation. I’m a level notifier. I don’t advocate violence, but my training teaches me that if there’s a line crossed and I can’t walk away from it, I will start that intervention. I’m going to finish it. If I’m threatened and or my family or friend is threatened, and I can’t de-escalate the situation, I’m going to dictate the outcome of that. I’m going to dictate it with severe prejudice, and I’m going to finish the situation quickly; that’s what my training teaches me.

I’m not somebody who threatens people. I’m going to do what needs to be done. So, talking about the Baker Act, first of all, it’s completely unethical for me to threaten anybody as a lawyer. Second, if your loved one has been taken to a facility and you believe it’s unlawful, I’m not going to threaten that facility. I’m to get your loved one out. We’re going to take action if the line has been crossed. I don’t want to be responding to the facility’s allegations that your loved one meets the criteria and should be held potentially for up to six months.

What I would say to you is if you’re pondering and trying to figure out if you should take action, the answer to that is yes. You should take immediate action if the line has been crossed.

Thank you for listening. If you have any questions, feel free to reach out to us.

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