Marchman Act Defense

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Not everyone has the best intentions. More commonly, many may operate from a heart of good will while misguided by distorted beliefs, values, or interpretations. When these false pretenses from others are directed at ourselves, and they force their wills by any means “necessary”, damaging situations follow. In the context of alcohol and drug abuse accusations, relatives or close ones may utilize the Florida Marchman Act to enforce legal action and commit the accused to a rehabilitation facility.

What is the Marchman Act?

In 1993, Florida homogenized Chapter 396 and Chapter 397 of the Florida Statutes, which deal with methods for forced commitment due to alcohol abuse and requirements for drug abuse programs, to establish the Hal S. Marchman Alcohol and Other Drug Services Act (A.K.A. The Marchman Act). As a result, relatives or 3 close adults may utilize the power of the law to involuntarily commit an individual into a rehabilitation program for up to 60 days. 

Many have heard of the horrors of individuals wrongfully placed into mental institutions under legislation such as the Florida Mental Health Act. With The Marchman Act, this concept extends to drug and alcohol allegations for rehabilitation centers. Without the help of great and experienced attorneys, such as Rick Hutchinson and Kent Huffman, those wrongfully in civil court may find themselves involuntarily committed. Though the state does not usually strip the accused of their right to leave a facility once admitted, doing so may result in legal action for contempt of court and jail time may ensue.

What is Needed for Involuntary Admission?

Relatives, 3 adults, or a private practitioner may file a petition for Involuntary Assessment & Stabilization with the Clerk of Court. The court will then file a hearing within 10 days. This is where our attorneys at Hutchinson & Huffman, P.A. can be an invaluable ally in the proceedings. 

To be admitted involuntarily into a rehab, the court must establish:

  • The petition was filed in good faith
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  • The accused has inflicted harm on themselves or others, threatened others, or without admittance will cause harm to themselves or others
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  • Due to substance abuse issues, the defendant is unable to make sound judgements and appreciate their need for treatment

 

When those close to you become an enemy, Hutchinson & Huffman, P.A. can be your ally. If you find yourself in need of defense against the Marchman Act or other civil and/or criminal cases, call us today at 561-838-9793 . When freedom is at stake, enlist the best and most experienced warriors to your side. Together, we will secure the best and most beneficial outcome.