The Marchman Act is a law in Florida that allows families of people who need addiction treatment to forcibly place their loved one into a facility for up to 72 hours. If you were served with a summons to appear for a Marchman Act hearing, here’s what you should know and how to get the legal help you need.
What Happens When The Petition Is Filed
After your family files a petition to invoke the Marchman Act and you receive a summons, you will have an initial court hearing to determine your need for treatment. You can hire an attorney and appear at this hearing to defend yourself, or you can be absent.
The court can rule in your absence though and can still force you into a treatment facility even if you don’t agree, so it’s in your best interests to appear so you can offer explanations and tell your version of events.
What Happens At The Hearing
When you arrive for your court hearing, the judge will usually ask if you consent to treatment. If so, the hearing ends and you’re taken to a treatment facility. If you don’t, the judge then determines if an involuntary substance abuse evaluation and stabilization is necessary.
At this time, the party that filed the Marchman Act petition must prove that they had a “good faith belief” that you have refused to enter into treatment voluntarily because your judgment has been impaired by drugs or alcohol. They must also prove that you have harmed yourself or someone else or are highly likely to if you don’t go to treatment.
You can also file a motion to dismiss and can show evidence that you don’t need treatment or that you don’t have any of the problems your family member claimed.
What Happens If The Petition Is Granted
If the court grants your family’s petition, you can be held for up to 5 days in an inpatient facility for assessment and stabilization. However, a judge has the ability to extend that time frame for up to 60 days if they believe it’s in your best interests.
Should I Hire A Marchman Act Attorney?
If you were served with a Marchman Act summons, you need someone who can clearly and effectively advocate for your right to choose treatment on your own terms. Contact veteran Florida defense lawyer Michael T. Rabideau now for more information or to schedule your free initial consultation.
