Tampa Baker Act Lawyer

Tampa Baker Act Attorney

When someone is detained under Florida’s powerful Baker Act, it can feel like their personal liberties and rights have been stripped away. This law was originally enacted to allow for emergency intervention for the treatment of mental health. However, the law is often misinterpreted and misused. A Tampa Baker Act lawyer can help if you or someone you know is in this situation.

The Brancato Law Firm, P.A., is spearheaded by attorney Rocky Brancato, known throughout Tampa’s criminal court circuit for being a force of reckoning. His 25 years of criminal trial experience have honed his abilities to develop strategies and level the playing field in the courtroom for his clients. With a background that consists of handling some of Florida’s most infamous and largest criminal cases, his reputation for exceptional courtroom navigation is well-known.

What Is the Baker Act?

The Baker Act was first passed in 1971 as the Florida Mental Health Act of 1971. This law allows doctors, mental health professionals, family members, and even law enforcement to send someone for psychiatric evaluation via involuntary detention for up to 72 hours.

The Baker Act explains that it is permissible to hold someone against their will if they pose a threat to others or themselves. It further indicates that individuals are to be detained at a state-designated facility. It is then up to the facility to determine if the patient needs further treatment. If the facility recommends that the patient have further treatment, they can petition the court for extended involuntary placement, which can last anywhere from 90 days to six months.

In 2023, there were nearly 12,500 involuntary evaluations conducted at Hillsborough County hospitals under the Baker Act. Hillsborough County accounted for the second-most evaluations in the state of Florida. The Florida Department of Children and Families provides support and resources for those struggling with Baker Act laws and policies.

Opposition to the Baker Act

There is widespread opposition to the Baker Act in the state of Florida, particularly in the Tampa Bay area, due to its overuse and misuse, most notably in low-income neighborhood schools. Opponents of the Baker Act argue that most detentions fail to satisfy the requirement of the law that the individual must exhibit mental illness, refuse consent, or show an imposition of imminent harm to themselves or others.

Many people don’t realize that a Baker Act attorney can challenge an improper detention and seek the immediate release of the patient. It is important to hire a Baker Act lawyer who has a certain level of understanding in regard to Baker Act laws. This is especially important if the facility petitions for an extension of detainment. In this case, any individual confined under the Baker Act has the right to a lawyer and a hearing. Thus, having a skilled lawyer is imperative.

The initial 72 hours are a crucial window of time in which an attorney can intervene by requesting a habeas corpus review. Habeas corpus is a legal procedure that gives detained individuals the right to question their detention before the court. This gives the patient and their attorney the opportunity to negotiate treatment plans that are voluntary rather than detaining an individual against their will.

How Can a Tampa Baker Act Lawyer Help?

A skilled Tampa Baker Act lawyer can represent an individual detained under the Baker Act in court, argue that confinement without consent is unnecessary, and challenge whether inpatient treatment is even required. In many Tampa Bay Act cases, a legal professional can convince the court that restrictive detainment is not ideal and that voluntary treatment is a better option.

A well-versed Baker Act attorney can also protect their client’s civil freedoms and rights, such as the right to bear firearms. Short-term involuntary detainment could potentially initiate risk protection orders, which could alter gun ownership rights for individuals. A knowledgeable lawyer can defend their client’s rights like these and protect other constitutional freedoms that they risk losing under the Baker Act laws.

Wrongful detention under the Baker Act can also lead to a civil lawsuit if the case against the individual or agency that initially ordered the hold is one of misuse. When the Baker Act is maliciously imposed or improperly applied, victims may have a civil claim of wrongful detention.

FAQs

Q: How Much Does a Baker Act Cost for Floridians Who Are Detained?

A: Health insurance, Medicaid, or other public programs will likely cover many of the costs that an individual incurs as a result of detention under the Baker Act. Costs may include transportation if the patient is transferred via ambulance, for instance, facility charges, and prescription medication. If the individual is employed, they will likely also incur the cost of lost wages.

Q: Can You Sue Someone for the Baker Act in Florida?

A: Yes, you can sue someone for the Baker Act in Florida. To file a successful claim against someone for the Baker Act, there must be a valid case that the application of the law and the confinement of the individual were made either erroneously, with malicious intent, due to a procedural error, or as the result of a misdiagnosis. It is not enough for someone to simply be angry that they were detained under the Baker Act.

Q: How to Baker Act Someone in Tampa, FL?

A: In order to initiate the Baker Act in Tampa, FL, one should call 911 if there is an immediate threat or danger. If there is not an emergency, a call to local law enforcement would start the case. If possible, it is ideal to have a mental health professional evaluate the patient and endorse the detainment of the individual.

Q: What Qualifies for a Baker Act in Florida?

A: An involuntary psychiatric exam is allowed under the Baker Act in Florida when a person has a mental illness that is likely to cause them to harm themselves or someone else. Also, if they refuse treatment voluntarily and/or are unable to care for themselves, this also warrants the initiation of the Baker Act. The wording is very difficult to interpret, though, and many people use this to their advantage and exploit the law.

Hire a Baker Act Lawyer

The Brancato Law Firm, P.A., is open 24 hours, and we focus on defending mental health cases using powerful resources like professional witness testimony. Contact the Brancato Law Firm, P.A., and let’s discuss your case.