Astor Simovitch Law Blog
Where do I file Marchman Act petitions?
October 07, 2018
If you’re going to petition the court under the Marchman Act statute without use of an attorney, you would have to go down to the clerk of court’s office, fill out the petition, have it notarized, swear that it’s the truth, and then wait to see if the court is going to grant you a […]
What is the maximum time that can be ordered for treatment under the Marchman Act?
October 07, 2018
Under the Marchman Act, the court can order somebody, the respondent, into treatment for up to 90 days. However, if it’s determined that that 90-day period is insufficient to address the substance abuse issue, additional 90-day increments of treatment can be ordered by the court.
What happens if the respondent under the Marchman Act is not compliant with the treatment order?
October 07, 2018
The Marchman Act procedure, the statute under which it’s governed, is civil in nature, as opposed to criminal. When you’re in criminal court, what’s at stake is potentially someone’s liberty. However, that being said, in order to give the court in a civil Marchman Act procedure some leverage over the person, in other words, to […]
What can I expect after I file a Marchman Act petition?
October 07, 2018
After a Marchman Act petition is filed, the clerk or court then has 10 days to set the petition for a hearing before a judge or a magistrate. If that happens, it’ll then be the responsibility of the local sheriff or law enforcement officer or, if you hire a lawyer, their process server to notify […]
What are the criteria to prove a Marchman Act case?
October 07, 2018
Typically, under the Marchman Act statute, you’re dealing with somebody who has lost the ability of self-control or they’ve lost self-control because of their substance abuse issues and they’re a threat to themselves. Physically, they may be a threat to somebody else. They’re not capable of making intelligent, knowing decisions, and they’re refusing to go […]
If I Marchman Act someone, is the treatment provider obligated to share information with me?
October 07, 2018
Under the Marchman Act procedure, the whole process is confidential. The actual filing of the petition is confidential. It’s not something that you could look up on the Clerk of Courts screen. With regards to the provider, because of HIPPA, those records, those medical records, are confidential unless the respondent, the person who is getting […]
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 […]