Anonymous asked...
If a person is on probation for drug charges, and then has the Marchmen Act filed against them, are they then in violation of that probation? Monday, April 19, 2010
ARLS Marchman Act Answer...
Please understand, due to ethical considerations, I cannot give you specific legal advice due to the fact that I do not know the details of your specific case, and you are not my client. That being said, let me speak about a case I handled that was quite similar to your GENERAL scenario.
In a previous case, I filed a Marchman Act (hereinafter, MMA), while someone was on probation for drug charges. My first step was to determine that a MMA case could be filed and run concurrent to any civil or criminal case. Next, I advised the client that due to the nature of confidentiality in a MMA hearing, any and all petitions / allegations are considered confidential. Thus, allegations of drug use could not be accessed, or, used against the Respondent to violate their probation. Also remember, the MMA court is a Civil Court with the intent of assisting families in getting loved ones drug/alcohol treatment - not to punish. However, in that matter - just to ensure that the family and Respondent were protected, I carefully drafted my petition to ensure that any and all allegations of drug or alcohol use were described in the context of leading up to the individuals arrest - and, therefore, the basis for and current need of a MMA order being entered by the court.
Furthermore, I informed the Respondent that no matter what their position, we (the family) were going forward and would in all likelihood be successful. Accordingly, it would be in the Respondent's best interest to stipulate to the MMA order being put into place without a hearing of the facts, having to admit to the allegations and without a adjudication based on the facts by the court. I also advised the Respondent that should they violate their probation in the future due to substance abuse, I could go to criminal court for them and advocate that they stipulated to a MMA order being put into place because they were sincere about having the court system aid them in getting off drugs and helping them complete probation successfully.
Warning: a layperson should speak with counsel, prior to filing a MMA Petition against someone on drug offender probation.