Baker Act Lawyer

The Baker Act was initiated 181,471 times in 2014. No lawyers were involved at this stage of the Baker Act. An attorney from the Public Defender's office only gets involved after a "receiving facility" files a petition ("3032") for continued treatment. A petition was filed in 36,012 cases in 2012-2013, according to court data. So, no attorney is involved in most cases.

People get these Baker Acts (involuntary mental health examinations) anywhere in Florida. Often, family takes them to an emergency room or law enforcement intervenes. Contrary to the original goal, individuals are taken to a psychiatric receiving facility against the wishes of those involved. Once a Baker Act occurs, individuals are not free to leave and no one can simply "take them home" until the receiving facility decides to discharge them. Conflicting information about "voluntary" or involuntary status, competence, medication, restraint, seclusion, communication, medical records, or transfer may be given. Maybe a stranger rather than a family member or friend is asked to make decisions about treatment. Not unheard of during a Baker Act, a person might even be considered a voluntary patient after signing one of several papers given in a stack of papers and told to sign. To "add insult to injury," fees will be charged by the receiving facility.

Also involved are questions about gun rights and background checks.

Perhaps your rights guaranteed by Florida and Federal laws weren't observed. Maybe you need your own attorney before a court hearing is held. An attorney is often needed to explain the process, get transferred, discharged or complain so that it doesn't happen to anyone else.

Maybe you want to complain to regulatory agencies after discharge.