Nearly 9% of Florida residents have some sort of substance addiction. Many of them have severe addiction but may not be aware of this. The Marchman Act can help in such cases.
This act allows family members to petition the court to order a person into assessment and treatment. It’s important to maintain balance between care and rights, though. You need to prove their addiction to substances, and you will need help from a professional lawyer for this.
During the procedure, make sure no right of the accused individual has been violated. This can complicate the case and get dismissed.
What Is the Marchman Act?
The Marchman Act is a Florida law designed to help with substance abuse problems. Since addicted persons are often not aware of the harm, this law allows for involuntary treatment. The goal is to provide necessary care for those who refuse help.
However, you need to be aware of the legal complexities that can affect personal rights. In such situations, a Marchman Act defense lawyer Florida can help. They can navigate the legal process and protect the rights of the individual facing commitment.
Who Can Initiate the Marchman Act Process?
The Marchman Act can be initiated by different individuals. It can be family members, friends, or legal guardians. If you are a family member, you can file a petition if you believe they need help.
The petition must demonstrate that the person has a substance abuse issue. Additionally, the person must pose a risk to themselves or others. Here is a list of individuals who can initiate the process:
- Family members (parents, siblings, spouses)
- Friends of the individual
- Medical professionals
- Counselors or addiction specialists
- Law enforcement officers, in certain circumstances
How to File a Marchman Act Petition?
Filing a Marchman Act petition involves a legal process. You need to understand the process to ensure the petition is completed correctly. Here are the steps to file a Marchman Act petition:
- Contact an Attorney: Seek help from a Marchman Act defense attorney for guidance and support throughout the process. They can help protect your rights and ensure everything is handled correctly.
- Gather Evidence: Collect information about the individual’s substance abuse and behavior.
- Complete the Petition: Fill out the required forms detailing the need for treatment.
- File with the Court: Submit the petition to the appropriate court in your county.
- Follow-up: If the petition is granted, ensure the necessary steps for assessment and treatment are taken.
Common Defenses Against the Marchman Act
Before filing a petition, you need to know about the defenses against the act. This will help you prepare beforehand to make the petition a success.
1. Lack of Evidence
One common defense is the lack of sufficient evidence. If your petition does not include clear proof of substance abuse, the court may dismiss it. You cannot file a petition just over assumption.
2. Violation of Due Process
Another defense focuses on procedural errors. If the proper legal steps were not followed during the filing process, the petition may be invalid. This includes issues like inadequate notice to the individual.
You have to give the person facing commitment the opportunity to respond to allegations. If they were not informed correctly, you have violated their rights. This can lead to the dismissal of the petition,
3. Alternative Solutions
Showing that the individual is seeking voluntary treatment can also serve as a defense. If they are already receiving care or support, the court may decide that involuntary treatment is unnecessary. You must check this before filing a petition.
How an Attorney Can Help
You will need support from an attorney when your family member or friend is struggling with addiction. Here’s how an attorney can assist in Florida:
- Prepare and file the necessary legal documents accurately.
- Collect evidence to support the need for treatment.
- Represent you and your case in the court.
- Ensure the individual’s rights are upheld throughout the process, such as the right to legal representation, fair hearing, privacy, and challenge evidence.
- Offer advice on treatment options and legal implications.
Final Words
The purpose of the Marchman Act is to help individuals with substance addiction. This allows you to help a friend or family member, even when they don’t seek it. However, to make sure their rights are protected, get help from an expert lawyer.
