Jacksonville Baker Act Attorneys

Florida’s Baker Act allows individuals experiencing a severe mental health crisis to be taken into custody for an involuntary evaluation. Although the Baker Act can be a life-saving legal intervention in some circumstances, it is often misapplied to people who do not meet the Act’s criteria, or who can receive mental health care without such a serious limitation on their freedom.

If someone you love has been subject to a Baker Act hold in Jacksonville, it’s crucial to act fast. At Baker Act Attorneys, we provide dedicated legal support to families throughout Florida, including Jacksonville, helping them navigate the complexities of involuntary psychiatric holds. Our experienced legal team works around the clock to fight for the immediate release of individuals held under the Baker Act.

What Is The Baker Act?

The Baker Act is an important part of Florida’s legal framework for supporting those with acute mental illness. It provides a legal tool to intervene in cases where a person is threatening to hurt themselves or has already harmed themself. This legal intervention is commonly referred to as a ‘Baker Act hold’ and is used to provide a person experiencing a mental health crisis with emergency assessment and stabilization in a receiving facility. However, people who have been subject to a Baker Act hold are often held for much longer than is necessary – which is why it is critical that you contact a Baker Act attorney immediately if your loved one is Baker Acted.

Who Can Carry Out An Involuntary Baker Act Hold?

A Baker Act hold can be initiated in one of three ways. First, a law enforcement officer may take into custody a person they reasonably believe meets the Act’s criteria for involuntary evaluation and transport them to the nearest designated psychiatric facility (called a ‘receiving facility’ in the Act). Second, an appropriately qualified medical professional (such as a psychiatrist, physician, clinical psychologist, or family therapist) who has examined a person within the past 48 hours and believes they meet the Act’s criteria may issue a certificate initiating involuntary examination. They must also arrange for law enforcement to take the person to a designated receiving facility. The third way in which involuntary examination can be initiated is by a court, following the filing of a petition for involuntary examination by a concerned individual or family member. If the petitioner provides adequate evidence that the person who is the subject of the petition meets the criteria for involuntary examination, the court will grant an order requiring law enforcement to take the person to a designated receiving facility.

Common Misuse of the Baker Act in Jacksonville

We regularly assist families in situations where law enforcement has misunderstood a person’s behavior and subjected them to a wrongful Baker Act hold, or where hospital staff Baker Act a person because they are exercising their right to refuse medical treatment. If your loved one is facing a similar scenario, you should immediately contact our team.

Criteria For Involuntary Evaluation

A person can only be held for an involuntary evaluation under the Baker Act if they meet certain criteria. Specifically, there must be good reason to believe that:

1. The person is experiencing significant mental or emotional impairment as a result of mental illness, and because of this impairment, they cannot cope with the demands of daily life, or cannot perceive reality; and
2. They have refused to undergo an examination voluntarily, or are unable to determine for themselves whether they require an examination; and
3. Without an intervention, there is a significant risk that the person will suffer harmful neglect, and this risk cannot be mitigated with the support of family or friends; alternatively, without an intervention, there is an imminent risk that the person will cause serious harm to themselves or others.

These criteria make clear that a Baker Act hold is only warranted when a person is experiencing a mental health emergency. Once a person has been taken to a receiving facility for involuntary examination, they must be examined as soon as possible by a suitably qualified professional, such as a physician, psychiatrist, or clinical psychologist. They may only be held in the facility for a maximum of 72 hours, after which time they must either be discharged, give informed consent to remain on a voluntary admission basis, or file a Petition for Involuntary Placement. To initiate an involuntary placement, the facility must file a petition that demonstrates that the person meets the Act’s strict criteria for long-term stabilization. If your loved one has been Baker Acted and the facility is refusing to release them, or has filed a petition for involuntary placement in Jacksonville, our experienced Baker Act attorneys are on standby to help you.

How Can A Baker Act Attorney Help Challenge My Loved One’s Involuntary Baker Act?

Finding out that your loved one has been Baker Acted is distressing, and trying to navigate the complex provisions of the Act in these circumstances will only add to your sense of overwhelm. This is why the lawyers at Baker Act Attorneys have dedicated their careers to helping families in their hour of need, by offering exceptional legal representation to those whose loved ones have been Baker Acted. We will pursue all legal avenues available to ensure your loved one’s rights are protected and that they are released as soon as possible.

Demanding the release of your loved one

If your loved one has been Baker Acted and is being held in a receiving facility in Jacksonville, our Baker Act attorneys will spring into action, demanding their release from the facility before it has an opportunity to file a petition for involuntary placement. In many cases, simply hiring a lawyer to negotiate for your loved one’s release on your behalf is sufficient: the facility will take this as a sign that you are serious about challenging your loved one’s confinement and will comply with the request.

Filing a writ of habeas corpus

In some cases, facilities refuse to lift a Baker Act hold even though the 72-hour hold period has already expired. To secure the release of your loved one in this scenario, we will file a petition called a writ of habeas corpus, in which we will argue that the facility is continuing to hold your loved one without lawful justification, is violating their rights, and is subjecting them to an unfair process.

Challenging the petition for involuntary placement

If the facility has already filed a petition for involuntary placement, we will provide your loved one with legal representation at the placement hearing and argue forcefully for the petition to be denied. All persons who have been subject to an involuntary Baker Act are entitled to challenge the petition for their continued detention. Our team will meticulously prepare legal papers challenging the facility’s case, and will gather a strong body of evidence, including witness statements and medical records, to argue why it would be inappropriate for your loved one to be held for further treatment.

Helping Jacksonville Families Navigate the Baker Act

If someone you love has been Baker Acted, don’t panic – you are not alone. The team at Baker Act Attorneys is here to offer you exceptional legal support as you navigate this distressing situation and will fight tirelessly to ensure your loved one’s rights are protected.

Our leading Baker Act attorney, Mark Astor, is a renowned litigator who has helped countless families throughout Florida, including Jacksonville, challenge a loved one’s involuntary Baker Act hold. We will come to your assistance at any time of day or night – all you need to do is give us a call.

For compassionate legal representation that will help you ensure your loved one receives the care and treatment they deserve, contact our team at 855-429-0074 to schedule a confidential consultation.