Stephen Talmadge PHD,JD 

Baker Act Assistance Florida

We help protect your legal rights during a Baker Act!
Feel your legal rights have been abused in a Baker Act within Florida? We can help.

In need of help from a lawyer who works primarily with Baker Acts?

 The Baker Act was initiated 194,354 times in FY 2015-2016. No lawyers were involved for help at this stage of the Baker Act. A lawyer from the Public Defender's office only gets involved in Baker Acts to help after a "receiving facility" files a petition ("3032") for continued treatment. A Baker Act petition was filed in 39,926 cases in FY 2015-2016, according to court data. So, no lawyer is involved to help guarantee your legal rights are observed in most Baker Act cases.

What is a Baker Act?

Why Us?

The Florida Mental Health Act (Florida Statute 394.451-394.47892) commonly known as the "Baker Act," allows the involuntary institutionalization and examination of individuals based on mental health and "substantial likelihood" of serious dangerousness. The Baker Act can be initiated by judges, law enforcement officers, physicians, or mental health professionals. 
Perhaps your legal rights guaranteed by Florida and Federal laws weren't observed? 

Maybe you need your own attorney to help you before a court hearing is held?

Maybe you need an attorney to explain the process, get transferred, discharged, or you want to file complaints so that poor treatment doesn't happen to anyone else? 

Maybe you want to complain to regulatory agencies about a facility after discharge?

​You are concerned or have questions surrounding your gun rights and background checks?

People can get these Baker Acts anywhere the law applies in Florida.  Often times, a family takes the individual to an emergency room for help and/or law enforcement intervenes.
Contrary to the original goal, individuals are taken into a psychiatric receiving facility, against their wishes, to help 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.
​​There is conflicting information about "voluntary" or involuntary status, competence, medication, restraint, seclusion, communication, medical records, or transfer that may be given. Often, a stranger rather than a family member or friend is asked to make decisions about the treatment. In some cases, during a Baker Act, a person might even be considered a voluntary patient after signing one of several papers given in a stack of documents they are required to sign. To "add insult to injury," you will also have fees charged to you by the receiving facility.
"Steve will provide your case with the personal
attention it deserves."