What is a Show Cause hearing?
Hello, everyone, and welcome back. In this video, I want to talk to you about the show cause hearing. The show cause hearing. Well, what is that? And I know in other videos I’ve talked about the placement hearing, which happens after the facility files a petition for involuntary placement.
Right. We get a hearing with a prosecutor, the judge, and a defense lawyer. But there’s also the other type of hearing, which is called the show cause hearing. Well, how does that happen? Well, the way it happens is that when you hire us, I request a hearing.
Right. My lawyers will request a hearing because when we file our petition, as opposed to the state’s petition to keep you, our petition says we want you out. It also says we want a hearing. We want the facility that’s an agent of the state to come in front of the court and show good cause. Right.
Explain to the court why the state has detained this person. Explain why this person was tricked into signing a voluntary admission agreement. Explain why the person is being detained even though they never met criteria. Why is the person being forced to take medication that is not clinically appropriate? And so at a show court hearing.
Right. Just like in a placement hearing, the state has the burden of proof. So if we end up in a show calls hearing, one of our lawyers is going to be there. Typically, it’s going to be me. Now, there may be a lawyer there who represents the hospital.
There may be a prosecutor from the state Attorney’s office, because even at that early part of the Baker Act case, some state Attorney’s office at least like to be present, even if they’re not litigating the case, because they typically only get involved once a placement petition has been filed by the facility. And at that hearing, the facility, who is an agency, has the burden of proving good cause and presenting evidence. Okay, so instead of playing defense at a placement hearing, which is us trying to poke holes in the state’s case, the state now has to come in and prove why they’ve detained this person. Why have they violated their rights? Which is why it’s so important to get the case moving as fast as possible.
Which is why I say and I have said in other videos, whoever gets the court first typically wins. Okay? Now, very few of my cases get set for hearing because the facilities know when they’ve been caught with their hand in the cookie jar. But every once in a while, I’ll get a facility who fancy is going around or two with me, and I’m more than happy to oblige him. I mean, last year, I probably tried a couple of hundred jury trials.
I’m pretty comfortable with courtroom. Okay. Now, obviously, the path of least a resistance is preferred. But if I got to go fight for you in court, if it’s not me, it’s going to be one of my other lawyers. We’re going to go to court and we’re going to go to fight and we’re going to go to win.
That’s what your hire is for. That’s why you hire a specialist. So the good cause hearing is typically what happens when we file and it’s our opportunity to make the state come and improve their case and we bring the case, we play offense and so the show called sharing is initiated by us, the placement hearing is initiated by the state and so I hope that explains it for some of you probably never even heard of a show course hearing. You probably never heard of somebody going into court and actually having a hearing on one of these Baker Act cases. But that’s what we do.
And when you hire us, you will be hiring us. If we have to to go into court, the show calls hearing and if I have to, I’ll even go to the placement hearing. But we’re here to fight to get you out. When your rights have been violated, you shouldn’t be detained. So with that said, that’s the show court hearing.
Thanks for tuning in. See you in the next video. Bye.