Marchman Act Attorney Serving All Of South Florida

One advantage of hiring a law firm is having the ability to skip this first step and expedite the entire process, especially the crucial phase of having the person medically stabilized. A lawyer will file a sworn petition that lays out the facts and demonstrates the need for immediate substance abuse assessment, detox and intervention. A- The treatment facility will notify the Court which will then schedule a hearing on an Order To Show Cause. Sometimes, the facility will notify the family or the attorney for the family and the family can file a Motion For Indirect Civil Contempt.

Until 1993, Florida had two statutes regulating substance abuse and addiction. The two statutes were combined to address issues relating to voluntary and involuntary admissions. Many people with addictions abuse more than one substance and Reverend Hal S. Marchman is recognized for his hard work advocating for services for substance abusers. All petitions for involuntary assessment and stabilization and all court orders and pleadings are confidential and exempt from the Public Records Act. The public is not allowed access to Marchman Act records or pleadings. Personal identifying information may not be published by the Clerk on a court docket or in a publicly accessible file.

The abuser has lost all power of self-control with respect to the substance. If your loved one needs to access treatment immediately, please call Robinson & Casey now for a free emergency consultation. If your loved https://sober-house.net/ one needs help today,call Robinson and Casey now for a free emergency consultation. Baker Act and Marchman Act petitions will be accepted and processed at the Clerk’s Probate/Mental Health office from 8 a.m.

You don’t have to wait for your loved one to be injured, perhaps die or land in jail to get them the help they need now. If you or a loved one has been struggling with this issue, I would like to help. The website explains how to file a Marchman Act petition for involuntary treatment, how long a person will be held for assessment, the best way to submit to treatment voluntarily, or how to contest the allegations. If you meet the criteria for the Marchman Act, you will be ordered to complete a day initial treatment program.

Who Pays for Treatment?

We charge a flat fee, so families know upfront the cost of our services, and we offer a free and thorough initial consultation. For families without the ability to pay for treatment, we eco sober house price can explore state-funded treatment options at county-subsidized facilities. For example, when you’ve Baker Acted someone, they can be held involuntarily just for 72 hours, or 3 days.

how to fight a marchman act

If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health care professional because of something you may have read in this publication. The Sober World LLC and its publisher do not recommend nor endorse any advertisers in this magazine and accepts no responsibility for services advertised herein. Neither you nor the impaired individual needs to be a legal resident of the State of Florida to utilize the Marchman Act.

Who can invoke the Florida Marchman Act to force someone into treatment?

When a Marchman Act petition is filed against someone, that person will automatically be appointed a skilled trial attorney to represent them in court at the hearing before the judge. That attorney will be trained in the legal complexities and nuances of the Florida Marchman Act statute and rules of civil procedure. Their sole job is to defend their clients vigorously and must argue to have the petition dismissed by the court for any legitimate legal cause if requested by their client. Following the evaluation, the facility can change the status to voluntary, discharge your loved one, or file a request with the court for admission to involuntary treatment.

The notification required and the hearing process is the same as that for the initial hearing. The notification required and the hearing process are the same as that for the initial hearing. You will need to contact a licensed service provider treatment center to confirm that a bed is available for that impaired person. When a loved one is addicted to alcohol or opiates, it is almost always more than family or friends can manage on their own. In the State of Florida, the Marchman Act is a statute that can help you get emergency care for someone battling addiction.

  • If they have a spouse, parent, guardian, or lawyer their information will also be required.
  • There must also be reason to believe the person is so impaired that they lack the ability to understand their need for treatment.
  • Otherwise, the court can direct the Sheriff’s Office to take your loved one into custody and transport them to a public facility licensed by the Department of Children and Families.
  • In addition to expediting the process, Paul J. Burkhart can ensure greater success of gaining court-ordered treatment due to their knowledge of the civil procedures.

At the end of each 90 day period, a renewal petition can be entered by your substance abuse treatment center or the petitioner. If that happens, a hearing will only be held if your loved one contests the extension of treatment. You do, however, have seven days from date that the warrant is issued to find, arrest, and deliver your loved one to the substance abuse central receiving facility. Once at the facility, the staff has five days to complete the substance abuse assessment under the statute, however, they can ask for an extension for up to seven extra days.

free case evaluation

Families walk in there thinking they’re trying to get someone help, and suddenly their loved one has an attorney trying to get the case dismissed. Requires individuals to stay in the involuntary hold for up to 5 days. As well as rehab services for other substances, help save the identities of people who are struggling.

how to fight a marchman act

But since you’ve never dealt with this issue before, you may not know where to start. With the help of experienced Marchman Act attorneys, your loved one could be that much closer to recovery. Lawyer who can help you file the petition and make sure you properly fill out all the forms. Call us to schedule a time to talk with the attorneys in the office or over the phone. According to Florida’s Dependency Benchbook for the Marchman Act, a person being involuntarily retained can petition for a writ of habeas corpus.

A Lawyer’s Take on Proposed Changes to the Florida Marchman and Baker Acts

The court will review all of the required documents and evidence that the petitioner files and then make a decision on whether the Marchman Act is appropriate to invoke at this time. If the court decides to go forth with invoking the act, then the individual in question will be held for up to five days in order for an assessment to be conducted and for stabilization purposes. Once the temporary involuntary hold is up, the courts can then review further information to decide if they are going to order treatment or allow the individual to return home.

Retain the individual when a petition for involuntary treatment has been initiated, pending further order of the court. Through his experience with the criminal justice system, Mr. Schlam came to the realization that about 85% of the incarcerated population are there as a direct or indirect result of addiction. Mr. Schlam met with the drug court judges and became active in both the drug and mental health courts where he was able to make a difference in providing quality treatment to clients. Mr. Schlam started Advocare Solutions, Inc., which was one of the only agencies in south Florida licensed specifically for case management and general intervention. Mr. Schlam holds a dual certification through the state of Florida as a CAP and a CCJAP .

Considerations for Choosing the Right Marchman Act Attorney

This is often difficult to get from your family member who doesn’t want help. I can help make sure they remain in treatment or face the legal consequences of failure to comply. Those consequences include the use of the courts’ civil contempt of court power to arrest and jail someone who refuses to comply with court ordered assessment, stabilization and/or treatment. Once a petition is filed, it could take up to ten days before the judge will schedule a hearing on your case. Many times, I am able to streamline the process with the court system to expedite hearings. Substance abuse often involves imminent danger to an individual or to others.

We also offer multiple levels of addiction care to fit your lifestyle and are in-network with various health insurance policies, including TRICARE. A- It is up to the family or the friend who files the Marchman Act petition to locate a facility to do the assessment and treatment. We have many excellent, ethical treatment facilities which accept insurance or are private pay facilities. In Palm Beach County, there is Drug Abuse Foundation in Delray Beach. In Broward County, there is Broward Addiction Recovery Center but only for Broward residents.

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