Wednesday, December 26, 2012

Does Court Ordered Addiction Rehab Work?

There are no guarantees, but often court ordered drug treatment works when all other options fail. That's because a person sent to treatment under the Florida Marchman Act faces the possibility of incarceration if he or she leaves treatment early or does not go to treatment. For some people, the threat of jail is the only thing that gets them to go to rehab.

Can I Get Help Filing a Marchman Act Petition?

You are advised to work with an attorney experienced in Marchman Act cases if at all possible. Not only can such an attorney streamline the process, potentially getting help for your loved one more quickly, an attorney knows what kinds of mistakes individuals tend to make when filing a petition and how to avoid those mistakes.

What if My Loved One Doesn't Complete Court Ordered Addiction Rehab?

If your loved one goes to rehab but leaves before the 60-day program is over, he or she can be arrested and taken to jail or back to rehab. Under the Marchman Act, he or she cannot simply leave treatment and go home. The fact that the Marchman Act imposes serious consequences makes it more likely to work with addicts who are resistant to going into treatment.

I Am Not a Relative. Can I get Addiction Help for My Friend?

Non-relatives may invoke the Marchman Act. Any three people with firsthand knowledge of a person's substance abuse may together file a Marchman Act petition. It is not uncommon for those with severe addictions to have no known family, and that is why the Act makes provisions for non-relatives to make a petition on behalf of a loved one.

What if No Beds Are Available in My County?

If an addict does not have insurance or the money for a private treatment program, the Marchman Act process can be delayed. Government-funded programs often have waiting lists. An attorney with Marchman Act experience can enforce compliance by the addict to the rules of the government-run program while he or she awaits an available bed. Unfortunately, any delay in treatment can adversely affect the chances for success.

Wednesday, December 12, 2012

Common Questions About Broward Court Ordered Addiction Treatment Program

There are four ways involuntary admission can be ordered under the Broward County Marchman Act Admissions procedures. They are:


           ·          Through being taken into protective custody by law enforcement

           ·          Emergency admission to a facility after admission is certified by a physician

           ·          Involuntary admission of a minor by the guardian of the minor

           ·          Assignment to a court ordered addiction treatment program by a judge
When assessment by a qualified professional in accordance with one of these situations shows admission criteria are met, an involuntary treatment petition can be filed with the court.

Can a Police Officer Take an Addict to Jail Without Arresting Him or Her?

A law enforcement officer can detain an adult for the person's own protection in a jail or other detention facility, though this detention is not considered an arrest, and no record of the detention is made as long as the person has not been charged with a crime. The person in charge of the detention facility has to notify the nearest detox service provider within eight hours and must arrange for transportation of the detainee to the facility. The detainee must be medically evaluated within 72 hours.

How Do I Invoke the Broward County Marchman Act in a Medical Emergency?

If your loved one experiences a life-threatening medical emergency due to overdose, withdrawal or other addiction-related problem, it is first handled as a medical emergency. Once the person is stabilized and can be transferred for the purpose of addiction treatment, the Marchman Act may be invoked if the person refuses treatment. You would file your petition in Broward County Circuit Court.

Filing a Marchman Act Petition Seems Complicated. Is Help Available?

Hiring an attorney with experience in Broward court ordered addiction treatment filings is a good idea. Procedures must be followed exactly, and sometimes the loved ones of an addict, who are generally under tremendous stress due to the situation, make mistakes. A technical mistake can derail the entire Marchman Act process. Hiring an experienced attorney can help streamline the process and ensure that all steps are followed to get your loved one the help that he or she needs.