! 888 South Andrews Avenue, Suite 203

Ft. Lauderdale, FL 33316 877-35-ABUSE

Thank you for contacting Addiction Recovery Legal Services. Addiction Recovery Legal Services, LLC is a private law firm designed to assist and represent family members and friends of individuals suffering from substance abuse addiction and refusing to get help. Our firm can represent you in obtaining confidential court ordered and monitored assessments, stabilization and treatment for a loved one suffering from substance abuse. Our attorneys have personally handled thousands of Marchman Act cases throughout Florida. We have the experience needed to obtain court assistance for individuals who simply refuse to engage in the recovery process, or, habitually leave detoxification and treatment against medical advice. We represent families and friends of individuals suffering from substance abuse throughout the state of Florida.

We will file all necessary pleadings to obtain the necessary help for your loved one. More often than not, individuals who start treatment cease voluntary services within a short period of time. Our service can provide the necessary consequences to deter individuals from leaving treatment against medical advice and ensure continued court ordered compliance with recommended treatment services.

Our goal is your goal – to help your loved one ultimately achieve recommended treatment goals by helping them to recognize their own need for care.

Attached to this email are our brochure and a very informative document entitled “The Florida Marchman Act Process and Expectations” which provides a detailed explanation of the process and should answer many questions you may have. We hope the information provided will help you to decide if and how to begin the Marchman Act process.

Should you have any questions with regard to our services, please feel free to call and schedule a consultation.

Very truly yours,

Alan S. Levine, Esq.

When Nothing else works...We do.

Addiction Recovery Legal ServicesA Law Firm

The Florida Law known as the Marchman Act law can help you provide individuals in need of substance abuse services with court ordered assessment, stabilization and treatment.

This court order is enforced and monitored by the court.

This process is confidential and not a matter of public record.

Don’t waste another moment hoping things will get better...

• If you have a love one that is in crisisdue to drugs or alcohol and physical

harm is imminent• If you are in need of solutions

• If you simply do not know where to turn

We can Help

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Addiction Recovery Legal Services can:

• Obtain confidential, court ordered and monitored drug and alcohol assessment, detox and treatment via the Florida Marchman Act.

• File the necessary legal pleadings to ensure confidentialy.

• Deal with individuals who have co- ocurring disorders for both substance abuse and mental health issues.

• Provide you with a personal and confidential initial consultation at your convenience. •

Be there for you 24 hours a day,

7 days a week.

• Provide payment plans.

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The lawyers of ARLS have represented thousands of families just like yours in Marchman Act cases throughout the state of Florida.

The Attorneys at Addiction Recovery Legal Services have over 20 years of experience navigating through the Florida Statute known as The Marchman Act. We have lectured and advised many doctors, nurses, police agencies, interventionists and other addiction rehabilitation experts throughout Florida on the complexities of the Marchman Act. We have also participated in re-writing the law at the request of our prior Governor. We know the Marchman Act and how to make it work for you.

Any individual can represent himself or herself in any proceeding before the court. Would you represent yourself in a personal injury or criminal case? Probably not, especially when medical bills or your freedom is at stake. There are also other non-lawyers professing to be able to assist you through the maze of the Marchman Act. These individuals are not lawyers. In fact, they are practicing law without a license…a third degree felony in the State of Florida. Only a trained and experience attorney can properly represent you through the litigation process.

Obviously, when you have decided to help and save a loved one through the Marchman Act, you’ve recognized the significance and consequences of their illness. You also have decided to commit time and other resources to achieving your goal.

Remember, the law allows the court to appoint an experienced attorney to represent your loved one. Let us represent you to help ensure you reach your goals.

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When experience counts.

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We utilize every avenue available within the law to help ensure our clients’ goal of obtaining detox and treatment for their loved one. We recognize you are seeking our services for primarily two reasons: obtaining detox and treatment for your loved one and knowing, for yourself, that you have tried every possible avenue to help them.

From the beginning of the process we will educate your loved one that their failure to comply with recommended court ordered detox and treatment will have serious consequences. We will utilize the court’s civil contempt powers and the threat of incarceration to enforce compliance. Your loved one will know from the beginning should incarceration be ordered, upon release, they must still complete all recommended treatment. It is our goal to ensure the potential consequence is available until such time that your loved one obtains the necessary objectivity to recognize their need for continued treatment. Only you, as the Petitioner, have the authority to move forward or stop proceedings at any time.

Call us….we can help.

Create consequences

An experienced attorney familiar with the Marchman Act can and will increase the success in obtaining assessment, stabilization and treatment. The following are reasons to hire ARLS

Reason #1: When a Marchman Act petition is filed against someone, that person (the Respondent) will automatically be appointed a skilled trial attorney to represent them at the hearing before the judge. That attorney will be trained in the legal complexities and nuances of the Florida Marchman Act and rules of civil procedure. They will defend their clients vigorously and may argue to have the petition dismissed by the court for any legal cause.

ARLS Solution: The attorneys at Addition Recovery Legal Services are former court appointed attorneys who have handled thousands of Marchman Act proceedings (including defense work), and have a complete understanding of the rules of civil procedure and the legal complexities and nuances of the Florida Marchman Act. We make sure you not only enter the court system on a level playing field, but have the advantage from the start. Our ultimate goal is to ensure the Marchman Act works and keeps your loved one in a treatment program for as long as medically and emotionally necessary. Our ARLS team is here to ensure these results.

Reason #2: When a Marchman Act petition is filed against someone, any failure to legally comply with the Florida Rules of Civil Procedure, either when filing or enforcing the petition, can result in the case being immediately dismissed, or possibly reset until all procedural legal rights are met.

ARLS Solution: The attorneys of Addiction Recovery Legal Services have a complete understanding of the legal complexities and nuances of the Florida Marchman Act and rules of civil procedure. More so, Addiction Recovery Legal Services is a law firm and staff dedicated to filing AND enforcing Marchman Act petitions 24 hours a day / 7 days a week. Remember, the Marchman Act is a legal process that is held to the same rules of procedure as any other legal matter.

Reason #3: When a Marchman Act petition is filed against someone it could take several weeks or, more to have a court hearing scheduled just to hear the facts of the case.

Why hire ARLS?Common Questions:

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ARLS Solution: ALRS attorneys are officers of the court who can lawfully expedite court hearings as in the case of a loved one who is in dire straits and is in danger of physically harming themselves or others. In these cases, having an attorney obtain a court order signed by a judge can result in having your loved one picked up and taken by the sheriff to detox in just 24 to 48 hours from filing.

Reason #4: When a Marchman Act petition is filed most people do not understand that further hearings and additional pleadings must be filed and done so in a timely manner. All hearings and pleadings are subject to court and statutory deadlines. It is the responsibility of the person filing a Marchman Act petition to meet any and all requirements and deadlines. Any failure to do so may end in a dismissal or reset of the matter. In cases of dismissal, the process must start over from the very beginning. When dealing with the immediate critical needs of an addicted loved one families simply cannot risk the possibility of mistake or delay.

ARLS Solution: With over a decade of Marchman Act experience in dealing with addicted individuals and their families, our law firm is trained to address and fulfill both the requirements of the court and the needs of our clients. We know that a team effort is essential in properly advocating on behalf of a Marchman Act petitioner. Each of our staff performs a unique and specific duty to achieve the goals and results sought by our clients.

Reason #5: Filing and enforcing a Marchman Act petition requires a full time commitment to monitor the case, monitor the respondent’s progress and monitor compliance with treatment.

ARLS Solution: Addiction Recovery Legal Services is a law firm with an internal structure developed to help shoulder the burdens confronting a family dealing with an addicted loved one who is resistant to immediate and/or extended treatment. The ARLS team is available to assist our clients through this process 24 hours a day, 7 days a week.

Reason #6: When a Marchman Act petition is filed by a treatment center or other individuals claiming to have the necessary knowledge and skills to navigate the complexities of the legal system it is important to understand that they are not trained attorneys licensed to practice law in the State of Florida. Further, they are exposing families, as well as themselves, to the significant consequences of failure. It is a 3rd degree Felony to practice law without a license.

ARLS Solution: The attorneys of Addiction Recovery Legal Services are licensed by the Supreme Court of Florida and licensed members of the Florida Bar Association. They are protected by legal liability insurance and have assisted thousands of families successfully and swiftly; thus alleviating the family’s burden and significantly improving their loved one’s chances of recovery. In some cases, time is of the essence and delays and/or mistakes in the process can make the difference between success and failure.

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“The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Main O f f i c e888 Sou th And rew s Ave . Su i t e 203

Fo r t Laude r da l e F l , 33316

www.a r l she lp . c omwww.Mar chmanAc tB l og . com

1.877.35 .ABUSE1.877.35 .22873

Of f i c e s i n Fo r t Laude r da l e & O r l ando

! 888 South Andrews Avenue, Suite 203, Ft. Lauderdale, Fl 33316 (954) 759-3429 Fax (954) 522-2584

THE FLORIDA MARCHMAN ACT PROCESS AND EXPECTATIONS

ARLS performs legal services pursuant to the Florida Marchman Act. This process is a several step legal preceding that will be fully litigated within the Court system. The Petitioner deciding to stop or stall any of the proceedings can result in the petition(s) being denied. Accordingly, it is essential that the Petitioner follow the advice of the attorneys as to the legal process and allow them to proceed without interference. Should the process be stalled or terminated by the Petitioner, the process will have to be re-initiated.

ARLS understands that it is difficult for any family to watch a loved one suffer from substance abuse / addiction. Accordingly, although the Petitioner may want to see immediate results, the process is dictated by external factors some outside the control of ARLS (i.e., the Clerk of the Courts schedule, Judicial schedule and available hearing dates). ARLS will act to reasonably expedite the Marchman Act process for the Petitioner. Utilization of the Marchman Act through litigation is an ongoing process and not an INSTANT FIX [emphasis added].

ARLS will begin the Marchman Act process by first advising you of an appropriate procedural strategy based upon your unique specific situation and needs. ARLS will then take all appropriate steps to fulfill those needs with all 3rd parties. ARLS will file a Request for Assessment and Stabilization (Detox) and/or Services Petition. Once the court has reviewed this petition, and an Order entered, the Respondent will be court ordered to immediately go to a facility that has been determined for completion of an assessment / stabilization / detox. Upon completion, the facility will render their assessment and make a recommendation for treatment to the court. ARLS and the court officials cannot dictate the level of care and have no influence on the level of treatment or type of treatment the Respondent will receive. The trained professionals base their treatment recommendation and the level of care on the Respondent’s needs, whether that treatment is Day-treatment, Outpatient Treatment, Intensive Outpatient Treatment or Residential.

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ARLS will begin to take the next step in the Marchman Act process by filing a Services Petition if one has not previously been filed and is warranted. The court will review the petition and the treatment recommendation, then decide whether to order the Respondent to comply with the recommendation. If the court orders services, the order will be in place for a period of up to ninety (90) days. ARLS will schedule as many status court hearings as needed to monitor the Respondent’s treatment and enforce the court’s order.

If the Respondent voluntarily enters treatment prior to the Services Petition being granted, ARLS will schedule a status of the case for the Respondent to appear before the Court within 2-3 weeks. Should the respondent still be compliant with treatment, yet another status will be requested. Even though a services order has not been granted, the Respondent will recognize the possibility that said order being entered still exists.

Although the Respondent is recommended at one level of care during the assessment they may not stay in that level of care. Often, a Respondent, based on their participation or lack thereof, may start in one level of care, but subsequently need a higher level of care based upon an unwillingness to engage in the treatment process – this is not uncommon and should be expected. Under order for Services ARLS will monitor the Respondent and bring the Respondent before the court as many times as necessary to force the Respondent to comply with the treatment recommendations during the ninety (90) day period as dictated by the law. 75 days prior to the end of the 90-day treatment period, should the Respondent still meet Marchman Act criteria, based on a medical professional’s recommendation, an extension can be filed for an additional ninety (90) days. Although ARLS and the court cannot dictate the level of care, they are able to enforce the court order so that the Respondent receives the treatment they need during the court ordered period.

Violation of the Court Order: If the Respondent is non-compliant and violates the court order in any way during the ninety (90) day period, ARLS will file a Petition to Show Cause as to why the Respondent should not be held in civil contempt of court and bring the Respondent before the Judge to demonstrate “good cause” as to why the Judge should not find the Respondent in violation of the court order and be found to be in civil contempt of court. The Petition must be served upon the Respondent. Generally, the judge will have a hearing, and if proven, give the Respondent one more opportunity to return to treatment and comply with the court order to avoid jail time. Should the Respondent yet again fail to comply with the court order they will be found in civil contempt and jailed for typically one week. Should the Respondent, after being served, not appear at the hearing, the court will proceed and after a finding of contempt issue a writ of bodily attachment allowing law enforcement to take the Respondent into custody. It is important to note, serving time for contempt does not invalidate the existence or duration of the original order for treatment. The Respondent must continue treatment pursuant to the original order subsequent to being released from custody.

Treatment Center Confidentiality: HIPPA and the rules of confidentiality are very strict and can be very frustrating for the Petitioner when the Respondent refuses to sign a “Release of Information”. The Petitioner will undoubtedly be frustrated with any treatment facility unable to answer questions regarding the Respondent’s treatment due to a consent not being signed by

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the Respondent. We recommend that the family take steps to request that the Respondent, with the assistance of the facility, sign such a release. It should be noted that although the treatment facility cannot disclose information without a release of information, this does not stop the Petitioner, at any time during the process, from returning to court if the Petitioner observes that the Respondent is failing to comply with treatment, or, has relapsed. The Petitioner can inform ARLS and the treatment facility if they have such information. This will ensure ARLS and the treatment center can take all appropriate actions.

Ex-Parte Petitions: An Ex-Parte Petition requests the court to enter an order having the Respondent involuntarily placed into assessment/stabilization/detox without a hearing based solely on the information in the petition. If granted, a judge will order the Respondent to be picked up and delivered to the pre-determined treatment facility to be assessed / stabilized and/or detoxed. The pick-up order will be issued and served by local law enforcement.

Within typically, twenty-four (24) to forty-eight (48) hours after filing, the Respondent will be picked up and taken to the detox facility, unless the Respondent flees. It is very important the Respondent have no knowledge of the proceedings to maximize success. Ex-Parte petitions should only be filed in cases when the strategy to gain control dictates its necessity. ARLS discourages the filing of unwarranted Ex-Parte petitions because the denial of any such petition by a judge will only delay the Marchman Act process. Further, the actual court hearing serves as an excellent intervention tool.

Service of Process: The Marchman Act is a civil proceeding (not criminal). Accordingly, a Respondent has the right to be noticed of any court proceeding and a right to appear. The Respondent has the right to know the time, date, allegations and specific location of a hearing. The Respondent can choose not to attend the hearing but must be noticed properly regardless. A hearing may take place without the Respondent being present, if proper service has been met and is demonstrated to the court. There are two manners of service: (1) service by the Sherriff’s office or, (2) by private process server. ARLS suggests having a private process server arranged through ARLS to best coordinate the time and place for the Respondent to be served. The Sherriff’s office will serve Respondent at their discretion and outside the control of ARLS. When the Sheriff arrives, and the Respondent not present, service will not be effectuated. This will ultimately result in delaying all legal proceedings. ARLS, using private process service, will coordinate and ensure proper service, resulting in no delay.

Finding a treatment provider: If a family of a loved one subject to the Marchman act has the ability to self-pay for treatment or the Respondent has health insurance ARLS will make every effort to see that the Respondent ultimately is ordered to the treatment program the family may have already decided upon. The Respondent does have the right to participate in this decision but typically cannot due to their condition. There is NO obligation on the part of a Petitioner to fund or even find treatment for the Respondent. If there is no insurance nor the ability to self-pay for treatment, then the Respondent will be ordered to complete treatment typically at a government funded county treatment program. There is no substitute for good quality treatment. ARLS recommends that the Petitioner/family research thoroughly treatment providers to find the best possible choice for their loved one.

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Time to get a Marchman Act hearing: The law provides time frames that the court system needs to adhere to upon filing. Within ten (10) days of filing of the petition a hearing must be completed. ARLS will do everything in our power to expedite all hearings. Unfortunately, ARLS has no control over the clerk or court system. Every county is different. However, ARLS will work diligently with each court system to ensure that the law is followed through its entirety.

Respondent Representation: A court appointed attorney will be available to the Respondent, if they are unable to obtain counsel due to financial reasons. The Respondent does have the right to hire a private attorney on their own.

Refiling the Marchman act: The Marchman Act can be filed as many times as is necessary. However, ARLS is required by law to begin a new process for each filing.

We hope this information is helpful. The Marchman Act is a Florida Law that if implemented correctly can help to save a life. Should you have any questions please feel free to call: 877-35-ABUSE.

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