Marchman Act Defense Lawyer in Florida
Ensuring Your Legal Rights
Marchman Act Defense Lawyer in Florida
What is the Marchman Act?
The Marchman Act, officially known as the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, is a Florida law designed to help individuals struggling with serious substance abuse problems. It allows for emergency intervention and temporary detention for people who need professional evaluation and treatment for addiction.
This law can be used in two ways:
- Voluntary Admission: When someone willingly seeks help for their addiction.
- Involuntary Treatment: When someone is severely impaired by substance abuse and poses a danger to themselves or others, the court can step in to require them to undergo evaluation and treatment.
By setting up a court-ordered plan, the Marchman Act aims to provide the structure and support necessary for individuals to begin their recovery journey, even if they are initially resistant to getting help. It’s a vital tool for families and loved ones who are seeking help for someone in crisis.
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How Does the Marchman Act Work?
The Marchman Act process starts when someone (usually a concerned family member or friend) files a petition with the county court where the person struggling with addiction lives. The person filing the petition must have good reason to believe that the individual:
- Has lost control over their substance use.
- Could harm themselves or others if they don’t get help.
- Is unable to make rational decisions about their need for treatment.
Once the petition is filed, the court reviews the situation. If the judge agrees, they will order an involuntary assessment where the individual can be evaluated and stabilized for up to five days. During this time, professionals assess the person’s condition and report their findings back to the court.
Based on the assessment, the court may then order involuntary treatment for up to 60 days if the person continues to refuse help. This gives the individual a chance to receive the care they need, even if they initially resist.
With the help of professionals, the Marchman Act can provide a structured way for friends and family to intervene, supporting their loved one through the early stages of recovery.
How is a Marchman Act Petition Filed?
Filing a petition under the Marchman Act is a relatively straightforward process. You start by visiting your local county court, where the clerk will provide you with a packet to fill out. In this packet, you’ll describe the substance abuse symptoms you’ve observed and explain why you believe the person needs help.
Once you complete the packet, the court clerk submits it to the magistrate for review. If the magistrate approves and signs the order, it will be sent to the county sheriff, who is responsible for locating and bringing the individual to an assessment center.
While filing the petition is simple, the process isn’t always quick or guaranteed. The sheriff may face challenges in finding the person in need of treatment, even after multiple attempts. Serving the order may not be their highest priority.
Additionally, once the individual is brought to the assessment center, they could appear sober or in a better condition than expected. In such cases, although the law allows for up to five days of assessment, the individual could be released sooner if they don’t show obvious signs of impairment.
So, while the petition is a key step toward getting help for your loved one, it may take persistence and patience to see results.
How Can an Attorney Help Me with the Marchman Act?
If you’re facing involuntary treatment under Florida’s Marchman Act, an experienced attorney can protect your rights. The Marchman Act allows family members to petition for someone’s forced evaluation and treatment for substance abuse. While many people mean well, sometimes petitions can be filed based on misunderstandings or personal biases.
When a Marchman Act petition is filed, you (the Respondent) will be appointed an attorney for your court hearing. This attorney, trained in the complexities of the Marchman Act and civil law, will represent you throughout the process. They will ensure your rights are protected and may work to have the petition dismissed if there are legal grounds to do so.
An attorney can be crucial in defending against unfair or unjust petitions, helping you navigate the legal system, and ensuring that you are treated fairly.
Smith & Eulo Law Firm is Here to Help You
If you or a loved one is facing involuntary treatment under the Marchman Act, it’s essential to have a dedicated attorney by your side who understands the law and your rights. At Smith & Eulo Law Firm, our experienced attorneys are skilled in handling Marchman Act cases and can help protect you from unjust petitions. We’ll ensure that your voice is heard and fight to get you the fair treatment you deserve.
Don’t navigate this process alone. Contact Smith & Eulo Law Firm today for a consultation and let us help you defend your rights.
Call us now at (407) 930-8912 or visit https://www.smithandeulo.com/contact-us/ to schedule a consultation.