A hearing for writ of habeas corpus does not happen automatically. You must make a specific request for one by notifying the person who gave you the certification notice, or any member of the treatment staff at the hospital. In many counties, patients may make direct contact with the public or private defenders' offices, who will then make arrangements for a hearing. The patients' rights advocate is often available as well to help in making arrangements. If you ask to file a writ of habeas corpus right at the time of being given notice of certification, the Certification Review Hearing will not take place.
Many patients wait to see how things go at the certification review hearing.
There are two reasons why this is advisable. First, the certification review hearing is generally scheduled as soon as, if not sooner than, a writ hearing. Second, if you lose at the certification review hearing, you can then take advantage of the right to file writ of habeas corpus and end up having two hearings, instead of just one. If you request a writ of habeas corpus hearing during the 72-hour hold, there will probably not be time for you to go to court during that hold. However, the request should prevent your being transferred to a hospital in another county.