Marchman Act Attorney in Miami-Dade for Drug Arrests

Your Adult Child’s Arrest Has Put Everything on a Shorter Clock

Your adult child is in jail on drug charges. You’ve already paid for treatment, tried interventions, and held firm on boundaries. Can a Florida court order addiction treatment instead of, or alongside, the criminal case? A Marchman Act petition is a civil court filing that asks a judge to step in when a loved one’s substance use has put them at serious risk.

This page explains the two tracks in plain terms. It also covers how a pending case can affect timing and what to gather now.

Why the Criminal Case and a Civil Treatment Petition Are Separate Tracks

The criminal case is about the charges. The state brings them, and the criminal court handles them. A civil treatment petition asks a different question: does your adult child meet the legal test for involuntary treatment?

Under Fla. Stat. § 397.675, the test starts with good faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder. That impairment must have taken away the power of self-control over substance use. The person must also need services but, because of substance abuse impairment, be incapable of appreciating that need and of making a rational decision about it, although mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for such services; or be likely to neglect themselves in a way that threatens substantial harm, and it must not be apparent that this harm can be avoided through the help of willing, able, and responsible family members or friends or other services; or there is a substantial likelihood that the person has inflicted, threatened, or attempted physical harm on themselves or another, or is likely to do so unless admitted.

Each track has its own filing, its own hearing, and its own order.

What a Marchman Act Petition Is and How It Works

A Marchman Act petition asks a civil court to order involuntary treatment for an adult who meets the statutory criteria. The petition is filed with the clerk of the court in the county where the person is located. The clerk may not charge a filing fee for it, under Fla. Stat. § 397.681.

As a parent, you are a relative the statute names (Fla. Stat. § 397.68112). The petition must name both sides and state your relationship.

The court must schedule a hearing within 10 court working days unless it grants a continuance (Fla. Stat. § 397.68151). If the court finds the criteria proven by clear and convincing evidence, it may order up to 90 days of involuntary services (Fla. Stat. § 397.697).

How Criminal Diversion and Drug Court Differ From a Civil Petition

Drug court and pretrial programs are different tools. They sit inside the criminal case. Under Fla. Stat. § 397.334, a treatment-based drug court program may include pretrial intervention programs. A participant follows a coordinated strategy, and that strategy must be given to the participant in writing before they agree to enter.

A civil petition starts differently. Families often assume these are the same request. They aren’t. One is an option inside a criminal case, and the other is a civil court order.

Which option exists in a given case depends on the facts. A DCF guide to jail diversion describes jail-diversion procedures in Miami-Dade County. It also describes community treatment options for people with serious mental illness or co-occurring substance-use disorders.

How a Pending Criminal Case Can Affect Timing

A pending criminal case can change the order and timing of court steps. The two tracks may need to be coordinated, so track their dates side by side.

The civil track has its own clock. A hearing must be set within 10 court working days unless it is continued (Fla. Stat. § 397.68151). Fla. Stat. § 397.68151 reads: “(2) The court shall schedule a hearing to be held on the petition within 10 court working days unless a continuance is granted.” Where you file also matters. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction, as noted in J.P. v. J.N..

Federal law also limits how treatment records are used. Under 42 U.S.C. § 290dd-2, these records generally may not be used against a patient in civil or criminal proceedings. A court order based on good cause or the patient’s consent can change that. 42 U.S.C. § 290dd-2 reads: “If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor, including the need to avert a substantial risk of death or serious bodily harm. In assessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure.”

Write down the current court dates, any release conditions, and whether a treatment option has come up in the criminal case. No result can be promised on either track. Timing varies with each court’s calendar and each case.

Practical Steps to Take This Week

Start with the paperwork. Gather the arrest report, case numbers, charges, court dates, and any release conditions. Keep them in one folder so you can find a date quickly.

Next, write a dated history. List prior treatment programs, overdoses, hospital stays, and recent behavior that worries you. The court can hear from family members who know that history. Testimony is taken under oath (Fla. Stat. § 397.6957).

Keep a record of what you’ve paid for treatment and when. Note each intervention you tried and how it ended. These details show the path you’ve already taken.

Finally, keep the criminal case facts within a small circle. Share them with people who need to know, and be careful what you put in texts and emails.

Talk Through Both Tracks With Robinson Casey

If your adult child’s arrest has you weighing a civil treatment petition next to the criminal case, you don’t have to sort out both tracks alone. The first consultation is free, confidential, and carries no obligation to continue.

Richard J. Casey III, Esq. is the responsible lawyer for this page. Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters. It serves families in Miami-Dade, South Florida, and statewide.

What is a Marchman Act petition?

If you’re weighing a petition beside the criminal case, call (561) 849-4149 or reach out through our contact page. We’ll talk through both tracks with you.