Facing a Marchman Act Case? Understand Your Options Before the Next Hearing

The Short Answer: Sometimes, but Never Automatically

Yes, in some cases. A person with a substance use problem in Florida can be sent to treatment instead of jail, but it is never automatic. The result turns on the charge, the court, the person’s record, and whether a judge or prosecutor agrees that treatment is a fair option.

If you’re reading this, someone you love may be in custody, facing charges, or in crisis at home. That is a hard place to be. You don’t need every answer today. A clear picture of how the system works helps you ask better questions.

Florida handles these situations on two separate tracks. One runs through criminal court, where a judge decides how a charge is resolved. The two tracks use different standards, courts, and timelines. Knowing which track applies is the first step.

Two Different Paths: Criminal Court and the Marchman Act

The criminal path handles new charges. The Marchman Act handles impairment and safety in a separate civil case.

In criminal court, charges move through the justice system. Treatment can show up as part of a plea, pretrial intervention, drug court, or probation. It is a condition of the criminal case, not a standalone rule.

The Marchman Act works differently. It lets a qualifying person ask a court to order assessment, stabilization, and treatment for someone whose substance use impairs them. The criteria for that kind of involuntary admission are set out in Fla. Stat. § 397.675. A Marchman case does not need a new criminal charge.

The difference matters. A civil treatment order requires clear and convincing evidence and may run for no more than 90 days at a time, though a renewal may be requested before the 90 days end if the conditions are expected to continue, under Fla. Stat. § 397.697. Criminal cases follow their own rules and timelines.

Do Drug Addicts Go to Jail or Rehab?

Many people charged with drug offenses go through criminal court. There, the judge decides whether any treatment or supervision applies. That choice is part of the criminal case.

Substance use can also lead to a civil process when the main concern is the person’s own safety or health. A person may meet the criteria for involuntary admission if there is good faith reason to believe they are substance abuse impaired (or have a substance use disorder and a co-occurring mental health disorder) and, because of it, have lost the power of self-control with respect to substance abuse and also meet one of the further harm or judgment conditions. Fla. Stat. § 397.675 sets out the full test.

Jail is not the default in a civil case. Under Fla. Stat. § 397.501, individuals receiving substance abuse services who are not accused of a crime may not be held in jails, detention centers, or training schools, except for protective custody in strict accordance with the chapter. A 2025 PMC review of addiction treatment notes that involuntary-commitment laws have grown in scope while their use has stayed limited.

Keep three things separate: a conviction, a probation sentence, and a civil treatment order. Each one carries different consequences.

Is It Possible to Go to Rehab Instead of Jail?

Yes, some Florida courts offer treatment-based options. Not every charge qualifies, though, and each program has its own entry rules.

Treatment-based drug court is one example. Under Fla. Stat. § 397.334, entry into a pretrial drug court program is voluntary. Under Fla. Stat. § 397.334, when s. 948.08(6)(c)1. does not apply, a court may order an eligible person into a pretrial drug court program only with a written agreement. That agreement must say the person understands the program rules and the sanctions for noncompliance.

After a conviction, the court weighs several factors before placing someone in drug court as a condition of probation. These include criminal history, substance abuse screening results, and whether the person can benefit from services. The court also considers total sentence points and the recommendations of the state attorney and any victim. The person must agree to enter.

Treatment can also be added on top of a sentence. Under Fla. Stat. § 397.705, a referral to treatment is in addition to the final judgment, penalty, or sentence. The total treatment time may not exceed the longest sentence possible for the offense.

Can a Judge Sentence You to Rehab?

A judge can require substance abuse treatment as part of a criminal case. Under Fla. Stat. § 397.705, a court or criminal justice authority may require an offender to receive services from a licensed provider. The court may consult the provider before deciding.

The referral order must be in writing and signed by the referral source. It must name the offender and the provider’s name and address. It must also list the referral date, the length of the sentence, and every condition. A copy goes to the provider.

Placement is not assured. Assignment depends on available space, budget, and whether the provider can safely manage the offender. A judge’s order sets what the person must do, so read the written terms closely.

In drug court, the program’s coordinated strategy must be in writing before the person agrees to enter. Fla. Stat. § 397.705 does not address sanctions for noncompliance; it says a court may require an offender to receive services from a service provider licensed under this chapter. That protocol is spelled out in Fla. Stat. § 397.334.

Can You Go to Jail for Leaving Rehab?

Possibly, if leaving breaks a valid court order. The answer turns on the type of order, its terms, and what the court has said.

Once a court orders involuntary treatment, it keeps authority over the case. Under Fla. Stat. § 397.697, the court can monitor compliance, change the treatment type, or start contempt of court proceedings for violating a valid order.

Drug court sanctions can also include time in custody. Fla. Stat. § 397.697 does not set drug court sanctions; it allows the court to start contempt of court proceedings for violating any valid order issued pursuant to this chapter. Sanctions including incarceration for adults are described in § 397.334.

Early release follows a set process. A qualified professional must make that determination. A common mistake is assuming the order is optional once the person feels better.

What Families Can Do When a Loved One Is in Crisis

A family member can start a Marchman Act case by filing a petition. Under Fla. Stat. § 397.68112, an adult respondent’s petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment.

In Miami-Dade, the Miami-Dade Clerk mental health court page directs adult petitions to the Clerk’s Office Probate Court.

Location matters. In J.P. v. J.N., the Fifth District held that filing in the wrong county was a venue problem, not a loss of jurisdiction.

The petition must name the person and the petitioner and explain their relationship. It must also give the facts behind the belief that the person is impaired. The person named in the petition has a right to be represented by counsel in any judicial proceeding for involuntary treatment services, and may apply immediately to the court to have an attorney appointed if they cannot afford one.

If someone is in immediate danger, the Florida Department of Health notes that 988 offers immediate crisis support.

Quick Answers

For an adult, a spouse or legal guardian, any relative, or a service provider can file, and an adult can file only if they have direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment.

Talk to Robinson Casey Before the Next Court Date

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

Our team can help you sort out which track applies, what the written order says, and which questions to bring. The first consultation is free, confidential, and carries no obligation to continue.

If a loved one is facing charges or a court-ordered treatment plan, call (561) 849-4149 or use our contact page to request a consultation.