There are two sides to the Marchman Act defense. The act allows the loved ones of the substance abuse individuals to initiate the treatment they require. This law comes in when the addicted person tends to cause harm to themselves or the people surrounding them due to substance abuse and refuses to seek medical treatment.
At the same time, the act doesn’t interfere with the person’s personal choice or rights. Moreover, the whole process undergoes a judiciary process that is meant to help people with substance abuse with involuntary assessments based on petitions. In this case, there’s also enough scope to ensure personal freedom.
What Is the Marchman Act Defense?
The Marchman Act Defense based in Florida is under the Hal S. Marchman Alcohol and Other Drug Services Act. What the act does is allow family members or loved ones to have a petition for the involuntary assessment of the person with substance abuse.
The petition is required because there must be a justification from the court for the treatment of the addicted person. Otherwise, personal freedom will be denied and considered as a crime.
To have the petition, the family members need to verify the medical status of the substance abuse. Also, the petition should convince the court that the person is under a mental condition where they refuse to seek medical treatment, which is badly on the card.
The act came to light back in 1993, and the intention is what we mentioned. But unless the person with substance abuse proved to be harmful to himself or others, the count won’t accept the Marchman Act petition. So, the court plays a prominent role in ensuring there’s no violation of personal freedom, and if the person requires involuntary treatment, that should be there.
How To Protect Personal Freedom Under Marchman Act Defense?
You have the right to protect your freedom under the Marchman Act Defense. But it requires a proper understanding of your rights. Look, the petition won’t go a long way and convince the court to involuntary assessment against the individual if there is a lack of documentation.
Yes, you read that right. The petitioners should meet some criteria before initiating a petition.
The best way to protect the personal freedom of the Marchman Act is to hire Marchman Defense Lawyers Florida. The attorney working in your favor will represent you throughout the process. Now, based on the legal grounds, your attorney will work to dismiss the petition if it is filed against you.
Here are the steps to follow in order to protect personal freedom under the Marchman Act Defense;
● Step 1: File Documents for the Court Hearing
The petitioner should bring the necessary documents to initiate the petition on the Marchman Act defense. And the hearing will come based on that. Once you choose a lawyer to represent you in this case, ensure you are well-prepared for the hearing with the documents verifying your status.
● Step 2: Actively Participate in the Hearing
Participating actively in the hearing is important because this is the time when you get the chance to raise your voice. If you can choose an experienced lawyer, he can represent your claims properly and take a strong stand on your behalf. Make sure you present the important document that supports your claims.
● Step 3: Take Part in the Involuntary Assessment
This is up to you. If the hearing doesn’t come in your favor, there is nothing wrong with taking part in the assessment or the treatment. Sometimes, it becomes hard for someone to figure out what is good for them.
● Step 4: Monitor Your Right With Court Orders
Even if you go with inpatient or outpatient treatment, you can monitor compliance with the court orders. This will help you protect your rights by going with the legal process. Here is where the civil commitment also comes into play. Your attorney will monitor all of these for you.
Final Words
The Marchman Act, designed to provide necessary intervention, can sometimes raise questions about individual liberties. Properly understanding the personal freedom that one can have under the Marchman Act defense and working with an experienced attorney is key.
