
The Florida Marchman Act is a civil procedure that allows the friends or family of a substance abuser to confidentially petition the court to obtain court-ordered assessment, stabilization and long-term treatment.
Full Answer
Can a court order you to go to rehab in Florida?
When a person enters a program for addiction that is court-ordered in Florida, the individual will receive the best possible treatment to handle their own personal addictions and the pending court actions. With an individual treatment plan, the person’s likelihood of success will improve greatly. While in treatment that is court ordered in Florid a, there may be some community service …
How does court-ordered addiction treatment work in Florida?
May 18, 2018 · Explain to the person that you love and care about them, and that you want them to receive treatment so they can become healthier and happier, and improve their livelihood. This is important because your loved one may feel betrayed after they learn about the role you may have played in getting them court ordered rehab.
Why would a judge order rehab instead of jail?
Jan 27, 2022 · The Marchman Act. Outside of criminal court and family court, it is possible for concerned family members or friends of an adult to petition the court to order the person to enter an addiction treatment program. The law governing this is the Hal S. Marchman Act of 1993. If the person who needs rehab is your son, daughter, spouse, sibling, or ...
What is court-ordered rehab?
Author: Irena Kellas Created Date: 6/29/2011 11:45:21 AM

How much does it cost to Marchman Act someone?
Hiring a lawyer to file the Marchman Act is generally the most expensive option, with retainers typically ranging anywhere from $7,500-$9,500.
How do I start a Marchman Act in Florida?
How do I File for the Marchman Act?Provide a full description of the person.Provide details on where he or she can be found.State which facility the person will be taken to.State the day and time that the treatment facility has told you a bed will be available for admission.More items...•5 days ago
Can my family make me go to rehab?
So, for the most part, while your family may come up with a compelling argument for you to go to rehab (and perhaps withhold money, room, or board in exchange for such a deal), they can't legally compel you enter a rehab or treatment facility.Aug 1, 2018
What is the criteria for a Marchman Act?
A person meets the criteria for involuntary admission if there is good faith reason to believe the person is substance abuse impaired and, because of such impairment: (1)Has lost the power of self-control with respect to substance use; and either (2)(a)Has inflicted, or threatened or attempted to inflict, or unless ...
How do you get someone involuntarily committed in Florida?
It can be initiated by judges, law enforcement officials, or mental health professionals. There must be evidence that the person a) has a mental illness (as defined in the Baker Act) and b) is a harm to self, harm to others, or self neglectful (as defined in the Baker Act).
Who can initiate a Marchman Act?
The petition can be filed by a spouse, relative, or guardian, or by three concerned unrelated individuals who have witnessed the uncontrollable drug/alcohol use. Emergency petitions can also be filed by a physician, therapist or law enforcement officer.Oct 21, 2019
Can my parents send me to rehab?
If you're under 18, your parents can legally bring you to treatment, whether it's a teen substance abuse treatment center, mental health treatment center, dual diagnosis treatment center, or detox facility. Even if you refuse to get into the car, they're allowed to physically carry you to treatment.
What is an ex parte order in Florida?
A court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination, giving the findings on which that conclusion is based. The ex parte order for involuntary examination must be based on sworn testimony, written or oral.
What is the difference between Marchman Act and Baker Act?
While the Baker Act is designed to involuntarily commit individuals who are impaired due to mental illness, the Marchman Act works to do the same for those impaired by substance use disorders.
How do you fight a Marchman Act?
To file a Marchman against you, family members or three or more unrelated persons together must file a petition in the court. An attorney isn't necessary, but it's highly advisable. It's highly likely that unless someone has filed this before, they will make important mistakes unless they have an attorney.
What is court ordered rehab?
Court-ordered alcohol and drug rehab provide eligible offenders with the second chance they need to rebuild their lives and overcome addiction without having their offense appear on their criminal record.
How does drug addiction affect a person's life?
Drug and alcohol addiction impacts every aspect of a user’s life, very often landing them in serious legal jeopardy for possession, distribution, or conduct committed while under the influence of or in direct pursuit of drugs or alcohol. More and more often, courts will give low-level first-time offenders the opportunity to pursue treatment rather than incarceration. Florida was one of the first states to take advantage of the drug court system, with Broward County establishing one of the first drug courts in 1991. Court-ordered alcohol and drug rehab provide eligible offenders with the second chance they need to rebuild their lives and overcome addiction without having their offense appear on their criminal record.
What is court ordered addiction treatment in Florida?
When a person enters a program for addiction that is court ordered in Florida, the individual will receive the best possible treatment to handle their own personal addictions and the pending court actions. With an individual treatment plan, the person’s likelihood of success will improve greatly. While in treatment that is court ordered in Florid a, there may be some community service required and well as monetary compensation to the courts for their time. The program will make sure that this is being handled or there is a plan in place to handle this.
How does Florida save money?
Florida saves money by offering treatment as a court order and some treatment options that are state funded. If you have an attorney representing you, be it court-appointed or private, they can ask the judge and see if there is a deferred prosecution program in Florida, that can be applied to your individual case.
Can a Florida judge order rehab?
When faced with issues pertaining to drugs and addiction in Florida, the courtroom judge will often times have the option to order drug or alcohol rehabilitation in lieu of incarceration. This option has been available to judges across the country for over 20 years. Judges like to see an individual take responsibility for their actions and find solutions on their own accord.
What is court ordered rehab?
Court-ordered rehab is something the defendant of a drug-related crime might have to do in lieu of going to jail. If the judge and the prosecution believe that a defendant would benefit from rehab, they would rather try to help that person than put them in jail.
How effective is court ordered rehab?
Court-ordered treatment is frequently an effective way to shock a loved one into realizing what problems their abuse has caused. In this situation, most people will get serious about treatment. This may not guarantee a successful outcome, but there is no fail-safe approach to addiction treatment. Only the commitment and willpower of the person in recovery can ensure positive results. Court-ordered rehab forces them into circumstances, in which they have to consider becoming and staying sober. This is often a crucial first step, as they come to see the possibility of leading a full, satisfying life free of drugs and legal troubles.
Does insurance cover rehab?
Health insurance could help cover rehabilitation. After the Mental Health Parity and Addiction Equity Act was passed in 2008, insurance companies cannot enforce harsh benefit limitations on people suffering from addiction or mental health disorders. Unfortunately, this law focuses mainly on large group health plans, such as those employers provide. It does cover individual policies, but it can be more difficult to find ones that fully cover rehabilitation. If court-ordered rehab is anticipated, it may be a good idea to call the insurance company and discuss coverage options. The company should make an effort to find a plan that at least partially covers treatment.
What is an emergency court order?
An emergency court order requires a screening investigation, in which both police officers and addiction professionals take part. The person is taken into custody to determine if they qualify for an emergency order. If they are found unable to control their actions, use drugs every day, are suffering from health problems caused by drug abuse, and behave in ways that threaten the health and safety of those around them, an emergency court order becomes a distinct possibility. A court hearing will be scheduled, at which the addict’s family plead their case. The authorities have the last word.
Is mandatory rehab effective?
However, the effectiveness of court-mandated treatment hinges entirely on intrinsic motivation – that is, the motivation of the person in rehab, not external factors. Data of the NIDA and Department of Veterans Affairs Health Services Research and Development Service show that mandatory rehab is just as effective as voluntary rehab. A group of men who underwent court-appointed treatment for alcohol and drug problems reported lower levels of motivation at the beginning of rehab. However, their rates of employment, re-arrest, and abstinence five years later were the same as those of peers who had undergone voluntary rehab.#N#Results of shorter-term studies have shown similar outcomes. A study by the National Criminal Justice Reference Service on coerced treatment effectiveness stated that the person in treatment ultimately “decides upon the outcome” even though court-appointed rehab and other coercive methods of treatment were often shown to be effective approaches to motivate a person to change for the better. Basically, if a person feels no need or doesn’t want to change, they aren’t likely to do so.
What is a nonviolent crime?
The crime was nonviolent. The crime committed was a direct or indirect result of dependence on drugs. The court believes the person would benefit from drug or alcohol rehab. The person qualifies for a probation sentence.
What is the definition of addiction?
The person was addicted to some substance or alcohol at the time in which the crime was committed. The crime committed was directly or indirectly as a result of the person’s dependence on drugs or alcohol. The person is of a disposition that will benefit from drug and alcohol treatment.
What is court ordered rehab?
Court ordered rehab is usually made available to those facing imprisonment for a non-violent drug-related crime. Examples of drug-related crimes may include possession or trafficking of drugs, illegal behavior caused by drug abuse and dependence, and crimes directly related to drugs such as stealing money to buy drugs.
Why is court ordered rehab important?
Court ordered rehab can help drug offenders recover from addiction and improve their lives without having to worry about a criminal record. Many states will wipe your loved one’s record clean if they follow through and comply with their mandatory addiction treatment.
How does alcohol affect judgment?
Drugs and alcohol can impair a person’s judgment and cause them to engage in risky behaviors that get them into trouble. Anyone who struggles with addiction can get caught up in committing various drug crimes that allow them to fuel their addiction.
What to do if someone is abusing drugs?
For example, if your loved one is abusing drugs that cause feelings of aggression and violence such as cocaine, methamphetamine, or PCP, an emergency court order may be the right thing to do if you think your loved one may hurt someone.
How to treat alcohol and drug addiction?
Drug and alcohol use disorders can be fully treated using drug detox, therapy, and aftercare. Detox will help your loved one overcome physical dependence on drugs and alcohol, and guide them safely through withdrawal so they face a lowered risk for health complications and relapse.
Can you commit to drug rehab without consent?
Some jurisdictions allow you to commit your loved one to a drug rehab center involuntarily using an emergency court order. For instance, Massachusetts has a law called Section 35 that allows relatives, law enforcement officers, doctors, and other select parties to check people into rehab without their consent. This would require you to fill out an official order of commitment form, and wait for the court to review your loved one’s case and determine whether they need rehab. Each jurisdiction has its own rules and qualifications surrounding emergency involuntary treatment.
Is it safe to detox from alcohol?
A medical detox in an inpatient environment is one of the safest detox methods, since this allows your loved one to withdraw from drugs and alcohol while being monitored 24/7 by medical staff who minimize complications.
Why is court ordered rehab important?
This gives you an opportunity to receive treatment for the disease of addiction rather than just face the consequences for a crime and not receive any treatment.
How long does it take to get into rehab?
If your loved one is granted a court-ordered rehab, keep the following factors in mind if you’re looking for the particular rehab: 1 Be sure the treatment length of time is at least three months. Often, those in recovery need at least two to three months to get a solid foundation built in their recovery. This is especially true for those who may not believe they have an addiction before they enter rehab. Three months of treatment will include the detox period as well as addiction and mental health treatment. 2 Be sure that the rehab is structured. You want to know that your loved one is being monitored around-the-clock, especially during detox, and that there’s a schedule to follow. High-quality rehabs will have a timely structure and some rules. There may be regularly scheduled urine drug tests, mental health individual and group counseling, support groups, and maybe even vocational training. 3 Ask the staff how they monitor and evaluate progress. Ask if you’re allowed to call to check in to see how your loved one is doing. Some rehabs don’t allow clients to contact anyone, so if this is important to you, be sure to ask.
Why do people enter rehab?
Many people enter an addiction recovery program because of their troubles with the law. Sometimes the court will make it mandatory that you enter a rehab or recovery program if you’ve committed a crime. The judge may also make this optional or voluntary, giving you a choice.
What happens if you don't want to change?
However, if they aren’t ready to accept that they have a problem, or simply don’t want to change, they’re not likely to experience it.
How long does it take to recover from a drug addiction?
Be sure the treatment length of time is at least three months. Often, those in recovery need at least two to three months to get a solid foundation built in their recovery. This is especially true for those who may not believe they have an addiction before they enter rehab.
Who is Dominica Applegate?
Written by: Dominica Applegate. About Dominica Applegate: Dominica is a writer for the Palm Beach Institute and has dedicated her career to creating well-researched content so that those that are in search of treatment can find the help they need. Elysia Richardson Editor. Sharon Sinclair, LMHC Medical Reviewer.
Why is the Marchman Act important?
There is another act called The Marchman Act, and it came about primarily because of the opioid epidemic. This law allows police and family members to commit someone to rehab involuntarily if they are a danger to self or others. This isn’t active in each state yet, but many states are working on getting it approved.
What does it mean to attend court?
attending court if it’s decided the person needs rehabilitation; they can come to the court of their own free will or they may be apprehended with an arrest warrant. examination by a court psychiatrist and any experts the individual wants to use. a ruling on whether the person meets involuntary commitment guidelines.
Is involuntary rehab good?
While involuntary rehabilitation has the advantage of getting your loved one the help they need, it’s not without its drawbacks. For example, if your loved one is in denial about their addiction or is unwilling to commit to the program, it could be hard to achieve a positive outcome.

Emergency Court-Appointed Rehabilitation
Qualifying For Court-Appointed Rehab
- Sometimes, a prison sentence just is not the right solution to the bigger problem at hand, and the court realizes this! Rehabilitation can change the life of the accused, as well as the people around them for the better. However, just because someone may have been under the influence while committing a crime, does not mean that they automatically can qualify for court-appointed reha…
Different Types of Intervention Programs to Consider
- There are a variety of substances that a person may be addicted to, meaning that every program may not be the best suited for them. A defendant that commits a criminal offense based on their drug use should seek treatment that is specific to them and their addiction(s). These programs have strict requirements in order for the defendant to qualify, like not having participated in a si…
Alcohol Education Programs
- If the offender committed a crime like driving while under the influence (DUI), then the defendant may qualify for an alcohol intervention program. Typically, the court file is sealed when the defendant decides to apply for this program, which means that the record may not be able to be viewed by the public any longer while completing the program. Before starting the program, the …
Drug Education/Community Service Programs
- This program is applicable to defendants who have been charged with possession of drugs or drug-related crimes. As with any rehab program, there are conditions that may limit a person’s eligibility to this program such as having participated in the same program or a related program in the past. Investigations into the eligibility of an offender are similar to alcohol rehab programs. B…
Who Pays For Court-Appointed Rehabilitation?
- You should understand that the court is never required to pay for court-appointed rehabilitation, no matter the financial state of the defendant or their family. In fact, the defendant typically has to pay for their own rehabilitation treatment themselves. With that being said, this gives the defendant the freedom to choose their own treatment center that lies within the court’s guid…