can we have my uncle arrested?

Question

my uncles an alcoholic, im not looking for someone to go into the details of AA with me and i just need to know if a person is threating to kill themselves or harm bodily injury to themself, can you have them arrested. i know you can in other states but im unsure of how it works in california. i know that in colorado you can and they will have them detox and them take a mental health evaluation and a court orderd rehab. so the big question is does it work that way in california or is there a different route to take.???

only serious answers please

Answer 1

You are correct about some police agencies taking people to jail to detoxify. They really don't arrest them unless they have broken a law or P.O.P. (pissed off the police). If they haven't done anything wrong they are taken to jail and placed under what is called P.C. (protective custody), so that they can't harm themselves or others while being intoxicated. In your uncles case I would seek the help of a mental health specialist.

Answer 2

I don't know about California but in the State of KY, if you call 911 and tell them that a person is threatening bodily harm they will dispatch police and EMS. They are required to dispatch police because EMS is not allowed to enter the scene until the police have secured any weapons the person may have had. Once the person has been secured by police they will then transfer custody to EMS and then the nearest mental facility. The person is kept at least 72 hours for evaluation. At the end of the 72 hours the facility will make a recommendation to the judge and the judge will normally go with that recommendation.
If your uncle is repeatedly threatening suicide it may just be he wants attention, but next time he does i would recommend calling the police. If they say they can't help then at least you know you tried it.

Answer 3

Using California as a reference, I would like to offer you the following webpage as addressing the question you have about your uncle and mental health holds:

http://www.mhac.org/help/hotlines.cfm

The type of situation you describe is something that police officers ordinarily receive procedural training on. If an officer is called out to a home because someone like yourself is worried about thier uncle's threats of suicide, etc, you can expect that the officers will ask a number of questions about what your uncle does or says that leads you to believe he's contemplating suicide. It may be that you uncle actually says it specifically, or he talks of how he will do it, etc. The officers can - and under compelling circumstances 'must' - then take your uncle to a mental health facility for evaluation.

As you can see from the attached website, it's a 72 hour hold. A medical professional will interview and evaluate your uncle. Your uncle may be released before 72 hours expires. That's possible and it happens often.

There does not have to be another linking crime to allow the police to take him to mental health.

As you've already (probably) discovered, it's very difficult dealing with people like your uncle. You want them to be cured of alcoholism and lead a healthier life, but unless they commit themselves to the change, you may not be able to accomplish your goal. Police and mental health people cannot force rehabilitation. They can try and they can take emergency steps (72-hour holds), but this is all temporary.

To go beyond these more temporary measures, things become much more complicated and it is best for you to begin talking to mental health professionals in your community about what you can and can't do in the long term.

Answer 4

In Florida you can have a person "Baker Acted' for various reasons such as for chemical depency, or suicidal tendencies. This would entail a person being taken to the supervised rehab/mental evaluation facility. Those Baker Acted can be held for 72 hours until they can be seen by a physician and determined not to be of threat to anyone or themselves.

Procedures can range from getting a court order to pursue this, or by simply calling 911, and informing an officer in your jurisidiction of your situation. If your uncle resides in the same dwelling as you do, this might be more practical.

I've never heard of anyone having to actually write details about any threatening mannerisms to prove they are suicidal.
I'm not giving you legal advice, and these are just my opinions, but California and Florida are very much similiar in there laws.

A simple 911 call can surely send an officer out to access the situation and eliminate you out of the process. If an officer sees someone who is inclined to cause harm to themselves or anyone else, they will take the necessary steps to prevent this. Those steps might be what your uncle needs.

Good luck!

Answer 5

He can't be arrested for being an alcoholic. So basically what we do in Georgia is the same, a mental evaluation and a couple of days at the mental facility. They will only take them if they are threatening suicide usually. I wish I could help you more but they often look at the health care insurance for longer more intensive treatment.

Answer 6

I'm not sure of the laws for California, but I know most States do have programs in place to protect people from themselves. Try calling a local mental health center, suicide hot-line, alcohol treatment program, or even the police department to ask them what options you have. Good Luck, it sounds like you are a caring niece, I hope your family gets help to get through this.

Answer 7

First, you would need proof in the from of audio or handwritten

suicide letter etc. (I know this is not something to joke about)

Second, is jail the best route? Alcoholism is a disease, and the

PERSON NEEDS TO BE TREATED, not the disease. I suggest

finding a way to tell him how you feel when he is sober, and not

from a confrontational view. Otherwise, if you feel threatened or

not up to the task i suggest talking to a school therapist, and go

from there. Don't use specifics, (say you have an older family

member) as therapists are ethically and lawfully forced to report

information on possible abuse/suicide.

Otherwise, avoid the advise of 12 and 13 year-olds, like you

might find at this website.

Answer 8

Either call 911 or the regular Sheriff/Police department number in your area and tell them the details you have put on here. He will be immediately taken into custody to prevent him from harming himself, and can legally be held for 3 days, during which he will be given a mental competency evaluation.

Answer 9

The laws vary from state to state, but usually there is some kind of a version of a 72 hour psyc hold. Usually all it takes is the person to threaten harm to themselves or someone else, and that is enough to warrant the police to take him in for safety.

Answer 10

I don't know that you could have him arrested, but i believe if he tries to commit suicide and the police are called he could be arrested, and then put in for a 72 hour stay in a hospital for psych. evaluation. There should be a 24 hour non emergency # in your phone book for the police in your area to call & ask them your question. Good Luck & Take Care