Astor Simovitch Law Blog
If a person is under the Marchman Act, do they have to stay in a locked down program?
October 07, 2018
Typically, the court does not order somebody into a lockdown facility. The Marchman Act is a civil procedure, not a criminal procedure, where you could be incarcerated. However, that being said, if the court orders somebody into involuntary treatment to be assessed, to be stabilized, to be detoxed, and if the person then leaves the […]
How long does it take to get a Marchman Act hearing?
October 07, 2018
Under the Marchman Act statute, a hearing is going to be granted within ten days of the filing of the legally sufficient petition. However, that being said, typically, the courts know that these are done on an emergency basis and that the person, the respondent, is in crisis, and so typically those hearings will take […]
How long can someone be held for the initial assessment under the Marchman Act?
October 07, 2018
Under the Marchman Act, somebody can be held for assessment for up to five days. However, if that’s not enough time for the treatment provider to conduct the assessment, they can ask the court for an additional seven days so they can complete the assessment and then report to the court what their findings are.
How is a Marchman Act petition filed?
October 07, 2018
There are two basic ways that a Marchman Act petition can be filed. If the parent or the guardian or the spouse is filing a petition without using an attorney, they would go down to the clerk of courts office and they would fill out the petition, and then it would get reviewed. If they’re […]
For what reasons can a Marchman Act petition be denied?
October 07, 2018
Under the Marchman Act statute, there are several steps in the process to getting somebody court-ordered into involuntary treatment. Initially, the court is going to review the petition to determine if it’s legally sufficient. It could be denied at that step of the process, or if the court determines that it’s legally sufficient, and the […]
Does the respondent need an attorney in a Marchman Act case?
October 07, 2018
The respondent is a little bit like the petitioner when it comes to the right to counsel. You don’t need a lawyer to file the petition, although obviously, it’s an excellent idea to have a lawyer. The respondent doesn’t need a lawyer. However, under the Marchman Act Statute, they have a right to have counsel […]