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Legal resources
When mental illness meets the legal system. Guidance for families navigating an arrest, legal representation, and the process for petitioning for treatment in Nevada.
IF A FAMILY MEMBER WAS ARRESTED
What to do next
The arrest of a family member or friend can be very upsetting. Trying to figure out what to do and where to start can feel overwhelming. If you don’t know which jail your loved one is being held in, you can use an online inmate locator for Clark County Detention Center.
Finding legal representation
If your family member retains a private attorney, choose one well-versed in helping people with mental illness who understands how to access treatment facilities and mental health services. Inform the attorney of your family member’s condition and provide an extensive medical, psychiatric, social, and educational history in writing — including hospitalization records, diagnosis information, medication treatment, and contact information for treating doctors and clinicians. Attorneys are busy; written or faxed correspondence is appreciated.
A note on bail
Think carefully before posting bail. Ask: will your family member be able to comply with bail terms and appear in court when required? As hard as it may seem, jail may be safer than the streets for a person with severe mental illness in crisis — in jail they will be fed, sheltered, and have access to medication treatment.
PETITIONS FOR TREATMENT
Assisted Outpatient Treatment (AOT) in Nevada
AOT — sometimes called involuntary civil commitment — is a legal process that can apply when a loved one is unable or unwilling to seek treatment voluntarily and meets specific legal criteria in Nevada.
Goals of AOT
Preventing harmful outcomes such as relapse resulting in hospitalization, incarceration, or trauma · Supporting individuals in maintaining stability and achieving personal goals · Helping individuals build positive relationships with family, friends, and natural supports.
AOT is not a crisis service
If you are in a crisis right now, call 911 or go to the nearest Emergency Room. For more information on the petition process, visit the Nevada Division of Public and Behavioral Health (DPBH) website, or contact our office and we’ll help point you in the right direction.