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Legal Help Wife Was Baker act in florida

Discussion in 'BlackHat Lounge' started by dumdum4gumgum, Nov 6, 2012.

  1. dumdum4gumgum

    dumdum4gumgum Power Member

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    Ok My wife went to the Hospital and was "Baker Act" She went while I was at work and no knowledge of this happening.
    I found out by cops when I got home.
    I went up to Hospital and they told me to leave.
    I called the place where she was sent to and they said I needed a privacy code to tell me if she is there or not. Now
    my wife doesnt know my number I know she is ditsy but it is saved in the phone as hubby. So How can I find out the info i need Being her husband.
    Now let me point out she isnt there because of me.
    What are my legal rights BHW? Is there anything I can do or just wait the 72 hours?
    I have both kids and missing work.
     
  2. marusia

    marusia Senior Member

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    Due to the HIPAA laws, there is nothing you can do if she was put on a 5150 hold. She should be able to call you soon enough though. They usually are issued phone time. Good luck.
     
  3. macaveli92

    macaveli92 Jr. VIP Jr. VIP Premium Member

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    Good luck mate, sounds like a nightmare!
     
  4. dumdum4gumgum

    dumdum4gumgum Power Member

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    That sucks so the goverment can just take someone and not let anyone know anything about anything Looks like I will be sueing the state for lost wages as you can sue over anything
     
  5. SEO_Alchemy

    SEO_Alchemy Senior Member

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    Just read up on the Baker Act. How the hell is this legal in the U.S! Just about anybody in law enforcement, or who works in a hospital can have an individual detained for examination for 72 hours..... now that's insane.

    I wish you all the best friend. I know if my wife was in such a situation I would be loosing it.
     
  6. YouFeelMeDawg?

    YouFeelMeDawg? BANNED BANNED

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    Man I'veheard some terrible things from people that go for the 5150, I hope you wife is okay. You know right now is the time to lawyer up, and sue those sob's. Don't let those b@stards diminish your rights.
     
  7. dumdum4gumgum

    dumdum4gumgum Power Member

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    Also I have no idea why she was at hospital Ethier I have zero Knowledge of what happen besides she was baker act
     
  8. Roparadise

    Roparadise BANNED BANNED

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    1. Get a lawyer
    2. Call a local radio station and tell them they are violating peoples rights by making up stuff for the baker act.
    3. Run a negative seo campaign against the hospital,police department and doctors invloved.
     
  9. Stizerg

    Stizerg Power Member

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    what is baker act?
     
  10. bumpywowus

    bumpywowus Junior Member

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  11. ShredtheGnar

    ShredtheGnar Newbie

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    The Baker Act was an act put into action by Maxine Baker, an old state rep. down in Florida. It is pretty crazy, you can be taken against your will at any time if a judge or a random cop. While it seems to be for "the person's best interest" sometimes it could be an overzealous cop trying to prove their point. Good luck with that man, I will keep you in my thoughts.
     
  12. hawke

    hawke Power Member

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    From what I read, this is a Mental Health thing... she had to of given someone a reason to detain her for this... they don't just pick up random people from the street, they have to have actual Evidence. It isn't like Terrorism, where they only need to SUSPECT an individual, in order to detain them. I do however hope all is well for both of you, and your families.
     
  13. Pofecker

    Pofecker Senior Member Premium Member

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    What did the cops say the reason was for them to come out?
     
  14. Pofecker

    Pofecker Senior Member Premium Member

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    Agreed on needing an actual reason to commit someone, but you can also 'Baker Act' yourself.
     
  15. B. Friendly

    B. Friendly BANNED BANNED

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    I think the crux of the OP's issue is

    1) Are they legally married or not, and
    2) If they are legally married, what rights does he have under this "Baker Act", and how do they contrast with any other person.

    The OP seems to assume that he has no more rights than anyone else, which may be true, or it may be that they aren't legally married. I find it difficult to believe that a hospital is going to turn away a husband from finding out medical information about his wife.

    He leaves off certain critical details, and his post assumes that anyone that reads it is going to know what this "Baker Act" is, which strikes me as a little "hmm...". I also find it difficult to believe that someone didn't explain to him what his status/role etc... is. The Police, the Hospital, etc... instead he's here on an IM forum asking for help. So I have to wonder about the selectivity of the OP's awareness, what what is causing it. Maybe there is a common issue between that and the reason for his "wife's" commitment. All sorts of scenarios could be in play, and running around in the street in a drugged-out "episode" is one of them.

    On the other end of the spectrum, I know someone that, in a moment of stress made a sort of, under-her-breath comment about "maybe I should kill myself" which was heard by a Licensed Law Enforcement Officer, and given that she didn't have a husband nor anyone else to start making the administrative gears start turning, she wound up locked up in the county jail for more than 30 days for some kind of "mental health observation". It wasn't until I discovered what had happened to her and started shaking the county trees that they even became aware of the fact that she was locked up with no charges pending, and no date to review her case even being set.
     
  16. ShadeDream

    ShadeDream Elite Member

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    He who laughs last, laughs longest.
    That "Baker Act" is some crazy stuff, at first I thought this was something to do with an actual bakery... lol
     
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  17. B. Friendly

    B. Friendly BANNED BANNED

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    Yeah, my first thought was that his wife was put into jail for illegally making donuts. I wondered if maybe the cop/donut connection was in play. "Illegal use of lemon filling"
     
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    Last edited: Nov 7, 2012
  18. Roparadise

    Roparadise BANNED BANNED

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    Alot of hospitals use the baker act to commit insurance fraud,so maybe thats what happened with the OP's wife.
     
  19. dumdum4gumgum

    dumdum4gumgum Power Member

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    The said the needed to make sure the kids are OK. and I let them in to see the kids. And yes I am legally married to her I have contacted my Chain of Command As i am military to see what they can do. As to why I posted here asking for legal help? BHW has some of the Smartest people around thats why I asked. As to reason why I have no idea I havent been told anything I called and they tell me that they can not deny or say she is there. so I called back later yes I am trying to find out when I need to come pick my wife up. They said we are not sure yet sir. I just confirmed she is there.
     
  20. B. Friendly

    B. Friendly BANNED BANNED

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    Well 1st, I agree that (military) Legal Aid is the 1st thing you ought to be doing, but second I'm surprised that they haven't given you any information yet. It seems to me that either you are not doing what you need to do in order to get the help you need, or you have a very poor command that is failing to respond to what is obviously a family crisis for one of their own.

    I have military experience, and in my unit when something like this happened to a (presumably younger, less experienced, lower rank) serviceperson, the 1st thing the (Company or Platoon) Commander did was assign a more-senior (E5 or above) non-commissioned officer to hand-walk the troop through the process. They go with you down to Legal. They call the hospital themselves and ask the right questions etc...

    They don't let a junior troop just hang in breeze. Not for a day; not even for an hour.

    So I have to wonder if you've done all of what you are supposed to do, or if you have the misfortune to be in some kind of "shitbird unit" that doesn't give a fuck about their troops, or their families. You should send a link of this post to your Commanding Officer so he can get some sense of the kinds of things informed people start wondering about when a situation like this occurs. Even if you haven't done whatever you could have in order to access necessary Legal Assistance, it still reflects badly on your Commanding Officer. It's his responsibility to have a command structure in place that can deal with situations like this, and obviously that has not happened.

    If you can't trust him to deal with this situation, what level of support can you expect when the situation is even more serious, such as life, death and serious bodily injury, etc... as a result of military actions in combat.

    And, as a taxpayer, I'm paying for this shit. I demand to get the level of support that I'm paying for. And as a taxpayer, I expect that fucking Commanding Officer to deliver it, or to have his shit-bird ass thrown out of my US Military. We have far too many fat & bloated government employees sucking the lifeblood from the American economy, and we don't need his (or her) fat ass around. I'm sure he has time for golf, and to take lunch every day from 11:30 to 13:00. He certainly has time to assign an NcO to help a troop through a time of crisis. And, he's CERTAINLY getting paid well enough to do his fucking job, AND there are 20 more promotable people below him that could replace him in about 20 minutes, and they would do the job they are paid to do.

    Is how I feel about it.

    Second, you didn't respond to the question about your legal status as a husband and whether or not you have any more legal rights than an average person on the street. I would think that your status as "husband" ought to have afforded you with the ability to become more informed than you are at this point. Did the hospital staff or police give you any information that pertains to this question? Did they say something like "If you prove you are her husband, then they can tell you X, Y and Z.", or "Under Florida law, the fact that you are her husband doesn't give you any kind of special status."

    Finally, and I hate to say this publically, but there are 2 explanations I can think of to explain why it is that the hospital and/or the Police would try to keep information to themselves, and they are 1) That your wife has specifically made it known that she does not want you to know about what her status is, or why she is in the situation she is in or, 2) That there is a criminal investigation in progress, and your rights as a husband are diminished in some way due to the fact that you are a suspect in that criminal investigation.

    So, I wouldn't waste any more time if I were you. If you can't get help like RIGHT NOW from your Command, or from military Legal Assistance, I'd go straight to an attorney