Unlawful Hospital Detention Rights

Summary

In New Mexico, involuntary hospitalization is allowed if a person poses a danger to themselves or others. A mental health professional must evaluate the patient, and the patient has the right to legal counsel. If these conditions were not met, you may have grounds for legal action. Consult a local attorney for personalized advice. Additionally, a person can be charged with DWI based on an officers observations, even without a breathalyzer or blood test. However, proving the case without test results can be challenging for the prosecution.

Full Conversation

I was trying to leave a hospital but was denied and held against my will
Hello ****, I'm sorry to hear about your situation. To provide more accurate information, could you please inform me about your current location?
New Mexico
Hello ****, In New Mexico, the law allows for involuntary hospitalization in certain circumstances. If you believe your rights were violated, you might be able to take legal action. Here are some general points:
- A person can only be involuntarily hospitalized if they pose a danger to themselves or others.
- A mental health professional must evaluate the patient.
- The patient must have the right to legal counsel.
Do you believe any of these points were not followed in your case?
Yes, the involuntary one
I see, ****. If you believe your involuntary hospitalization was not justified, you may have a case. It's important to consult with a professional lawyer in New Mexico who can guide you through this process. Would you like help finding a suitable lawyer?
Yes
Excellent, ****. Here's a resource you can use to find a suitable lawyer in New Mexico:
~New Mexico Bar Association
Phone: (*) *-*
Website: www.nmbar.org

This organization can help you find a lawyer specialized in your type of case.
Can I be charged for dwi if there was no evidence?
****, to clarify, are you asking if you can be charged with DWI (Driving While Intoxicated) in New Mexico without any evidence? Please note that "evidence" can take many forms, not just a breathalyzer or blood test.
Yes
Thank you for the clarification, ****. In New Mexico, a person can be charged with DWI based on the officer's observations and judgment, even if a breathalyzer or other test was not administered. This might include erratic driving or physical signs of intoxication. However, without test results, it may be harder for the prosecution to prove their case beyond a reasonable doubt. Have you been charged with DWI?