Thursday, February 25, 2010

ARLS - Great Legal Question of the Day!

Anonymous said...

"What if a person is in jail right now? Can you still file the Marchman Act, or, do you ask for court ordered rehab since he is already in the system?"

Thursday, February 25, 2010

Addiction Recovery Legal Services LLC said...

ARLS - Please call the office at 1-877-35-ABUSE for further free legal consultation.

"Many factors come into play re: the filing of a Marchman Act, while someone is in custody. First, how long is the person going to be incarcerated? If the individual is going to be locked up for an extended period of time, it will be impossible for them to enter into a treatment other than what is offered in the jail/prison. If the person will be bailed out and the case resolved at a later date, it is my opinion that the Marchman Act (MMA) can run concurrent to the criminal case; and, can often prove favorable to the judge presiding over the criminal case should the respondent be willing stipulate to the MMA order itself (it proves the person is serious about court-monitored recovery).

However, some judges will not allow a MMA to run concurrent with a criminal matter, believing the criminal court is better suited to handle treatment - this depends on the location and specific judge involved in the MMA hearing.

So, to answer your question: I cannot answer your question without more information. ARLS will be more than willing to speak to you privately and at no cost.

Good luck - Raymond G. Ferrero III, Esq.

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