Lawyer Boca Raton FL | When Do You Need a Lawyer?
Do you want to recognize certain situations that may require you to get a lawyer Boca Raton to handle your defense? A slew of legal matters (that may or may not require for you to have legal representation) exists between a traffic ticket and an armed robbery. Check out these instances in which a lawyer Boca Raton FL is needed to give you legal advice
Wills and Trusts
Do your loved ones a favor by setting up your will or trust with a good lawyer. Doing so will save them from ugly disputes and legal issues after your death. Ideally, you should set everything in order as soon as you have a kid. As your circumstances change throughout your life, you can change it periodically
If you’re faced with criminal charges, you must have a lawyer by your side as soon as you can to ensure the protection of your rights whether you’re guilty or otherwise
If you got involved in a car accident that wasn’t your fault and you’ve been injured, never talk to the other driver’s insurance company representative until you’ve consulted a personal injury lawyer. Attorneys are familiar with the laws and normal compensation rates.
Driving Under the Influence (DUI)
A DUI is a serious charge that has equally serious consequences including jail time, fines or loss or your license. If this is your first offense, you can get the charges reduced with the help of a lawyer. Nobody on a DUI charge should go to court without an attorney.
Do You Need a Lawyer Boca Raton FL?
If you’re in need of an experienced lawyer Boca Raton FL who can help you fix any of these legal issues, contact Drug and Alcohol Attorneys to set up a consultation today
Defense Lawyer Near Me | What To Expect from the Best Defense Lawyer
If you find yourself looking at a substantial fine or prison time, you’ll need to find the best Defense Lawyer Near Me as soon as possible. For those who are charged with committing a crime regardless of its severity, representation during criminal proceedings
is definitely a must. It doesn’t matter if you have one of the most brilliant minds or if you have the highest IQ – no amount of smarts will make you competent enough to represent yourself in a criminal trial. Only the best Defense Lawyer Near Me has the expertise that’s required to pick out the special portions of each unique case to spot factors and arguments that could possibly mitigate or negate a potential crime.
What the Best Defense Lawyer Near Me Can Do
Suggest a Good Sentencing Program for You
He can keep you from winding back up in the criminal justice system
if you’re found guilty. For example, if you’ve been convicted of drug possession, he can find a way to shorten your prison sentence from 10 months to 6 months – with the extra 4 months spent at a drug abuse treatment and rehabilitation facility.
Negotiates a Plea Bargain
In most cases, prosecutors will not negotiate with you if you represent yourself. However, a Defense Lawyer Near Me can help you to either reduce your potential sentence of having some of the charges eliminated by negotiating a plea bargain.
Provides a Reality Check
When you are trying to decide whether or not to accept the prosecution’s plea bargain, you’ll need the objective insights of a defense attorney to lead you to your decision.
Gathers Statements and Evidence from Witnesses
Witnesses who are hesitant to give their information or statements for fear of their own safety will be more willing to cooperate with an attorney about their testimony.
Finds Investigators and Expert Witnesses
To make the prosecution’s case less credible, your defense attorney can find and hire expert witnesses who can present evidence that would support your innocence.
If you’re looking to retain the services of the Best Defense Lawyer
Near Me, contact Drug and Alcohol Attorneys to schedule a consultation today.
Drug and Alcohol Attorney Boca Raton | FAQs About the Marchman Act
Do you have a loved one who refuses to get treatment for addiction to drugs and alcohol? Perhaps you’re desperate to save his or her life that’s why you want to learn all you can about the Marchman Act. If you haven’t had the chance to talk to a Drug and Alcohol Attorney Boca Raton about this law, here’s what you need to know
What Exactly is the Marchman Act?
The Marchman Act is a Florida State Law that is sometimes referred to as the “Hal S. Marchman Alcohol and Other Drug Services Act of 1993”. It seeks to provide ways and means of both involuntary and voluntary assessment, stabilization, and treatment of someone who has a problem with alcohol or drugs. This means that friends or family members are allowed to petition the court to commit a person to mandatory treatment for drug or alcohol addiction or other mental illness issues
Why Was This Law Passed?
Everybody knows that you can’t force an individual who is legally an adult (18 years old and above), to get medical treatment for anything. However, when a particular adult suffers addiction to drugs and/or alcohol or mental illness, he becomes incapable of seeking help for himself. This causes them to become a threat to themselves and to the people around them. For this reason, the Marchman Act was passed so that even those who are over the age of 18 can be forced to get treatment if their state of mind is impaired by their addiction or their mental health issue
How Does it Work?
To ensure that no person will be thrown into a facility against their will when it’s not necessary, several steps have to be taken. The petition must be filed by the person’s spouse or a relative. If the person isn’t married or has no relatives, a group of three people must file the petition. A court-approved package must be filled out to describe the person’s drug or alcohol addiction and their destructive behavior that’s a danger to himself and others.
Talk to a Drug and Alcohol Attorney Boca Raton!
If you’re looking for a Drug and Alcohol Attorney Boca Raton who’s dedicated to helping people whose loved ones are suffering from mental health disorders and substance abuse, contact us at
Drug and Alcohol Attorneys today.
Marchman Act Lawyer Florida | How to Get a Loved One into Rehab for Substance Abuse
Nothing’s more painful than watching a loved one struggle with substance abuse especially when they’re not willing to admit that they have a problem. When a person struggles with drug or alcohol addiction, his relationships with family and friends suffer. Your desire to help them get professional treatment may be met with hostility. Here’s a list of what you can do before you get the chance to consult a
Marchman Act Lawyer Florida.
Know the Signs of Addiction
You’ll need to recognize the signs of alcohol or drug addiction. These range from marked changes in their behavior that lead to problems at home, deteriorating progress in school or issues at work. In most cases, the breaking point comes when the affected person starts to act recklessly and becomes a threat to themselves and to the people around him. The moment you see them put themselves into risky situations, it’s high time that you take a step back to evaluate the whole picture
Look for Treatment Options
It’s important to remember that recovery isn’t the same for everyone that’s why you’ll need to research treatment options that would best work for your loved one before making a decision. You’ll need to visit treatment centers yourself to check the facilities and their upfront rates as well as to talk to the staff to get a general idea about their range of treatment and aftercare options
Plan an Intervention
You can choose to hire a professional interventionist who has the experience and the expertise to get your loved one into rehab. A session with an interventionist is an opportunity for the addict to recognize and acknowledge how their behavior affects the people around them while ensuring him that he is loved and supported.
When to Consult a Marchman Act Lawyer Florida
If all else fails, and your loved one still refuses to get help, you’ll need to talk to a Marchman Act Lawyer Florida to help you get through the grueling process of sending the affected person to a rehab facility against his will. In case you’re not aware, Florida’s Substance Abuse Impairment Act commonly known as the Marchman Act permits an individual to be admitted for treatment for drug or alcohol abuse without the person’s consent. To know more about this, contact
Drug and Alcohol Attorneys today.
Boca Raton Drug Defense Lawyer | Why Should You Hire an Experienced Drug Defense Lawyer?
If you were falsely charged with drug trafficking and put behind bars until lab test results are released, you’ll need an experienced Boca Raton Drug Defense Lawyer to speed up the process. Your chances of having the charges dropped are quite slim if a newly-trained lawyer or you would deal with these matters on your own. Here are some of the best reasons why you should get yourself an experienced
Boca Raton Drug Defense Lawyer.
They are Better Negotiators
An experienced Boca Raton Drug Defense Lawyer has already established his reputation in the court. Therefore, you can be sure that his or her ability to negotiate with the judge on your case as well as with the prosecutors is more likely to be better than an inexperienced attorney. Furthermore, if you have a seasoned Boca Raton Drug Defense Lawyer to help you, he or she can win more motions in your behalf
They have a Deeper Understanding of Your Case
The many years of practice that an experienced Boca Raton Drug Defense Lawyer has caused him or her to possess the knowledge to grasp the different facets of your case. This is extremely important since his ability to fight the charges depends on how much he understands the case he’s handling
They Know What to do at the Right Moment
Experienced drug defense lawyers have come across numerous cases that are similar to yours. This means that they can help you meet certain timelines and deadlines with ease and review all of the evidence that the prosecution has since they’re familiar with the rules and how to implement them at the right moment of your case.
They Can Help You Understand Your Case
At times you may think that attorneys speak a whole different language. Know that even if you’re innocent, you could still lose your case if you fail to give the correct response as needed. To better understand your case and how everything works in the court, you’ll need to have someone who can translate complex legalese into layman’s terms for you. This is something an experienced Boca Raton Drug Defense Lawyer is good at.
Looking for a Boca Raton Drug Defense Lawyer?
You need the support of an experienced Boca Raton Drug Defense Lawyer. Contact Drug and Alcohol Attorneys today to get the help you need
One of the tools to help a family gain control over substance abuse and mental health disorders
I am an Attorney in the Law Firm Drug and Alcohol Attorneys in Boca Raton, Florida; our firm specializes in helping families in crisis because of substance abuse and or mental health disorder. Deaths from substance abuse has reached epidemic proportions. Deaths from mental health disorders are also increasing and we only have to look in our own backyard for a school shooting. My partner Mark Astor uses the Marchman Act a legal process by which someone can be involuntarily committed for substance abuse. I use the Guardianship statute as a legal means to get someone into treatment and to be medication compliant for a mental health disorder.
It is not uncommon for either one of us to get a call in the late evening or on the weekends from a crying mother or father because they have no-where else to turn and their son or daughter is out of control. Their child is self-medicating with street drugs instead of taking their prescribed medication to treat their mental health disorder; or their child is refusing to go to treatment and had to be Baker Acted for the fifth time. These situations not only affect the person with the mental health disorder but the entire family causing disruption, chaos, and guilt.
The Guardianship statute in Florida found in Chapter 744 provides a framework for which the court will allow another person to step into the shoes of this incapacitated individual and start making decisions for him or her. More often than not, the use of the Guardianship statute starts because of an emergency situation, the alleged incapacitated individual has threatened suicide, has left Against Medical Advice from a hospitalization or treatment facility, or the individual is not eating, sleeping, bathing or has spent his or her last penny on an abusive partner. A petition for Emergency Temporary Guardianship establishes that without a Temporary Guardian being appointed the individual or “alleged incapacitated person” will be in imminent danger to his person and or property. A hearing on this Petition, depending on the county of filing, will usually occur within 48 to 72 and relief granted.
The Baker Act, a Florida involuntarily commitment statute, can often be used when someone is an immediate threat to himself or herself, but this often will not hold someone for more than 72 hours and usually the individual is released to often re-appear in the same facility a week later in the same situation. The Baker Act does not serve as a longer term means of getting someone into an inpatient long-term treatment program for a more comprehensive treatment.
The Emergency Temporary Guardianship and ultimately Permanent Guardianship, allows a family member usually the mother or father to be granted authority to consent to their son or daughter going into in-patient treatment. An Emergency Temporary Guardianship is good for up to 90 days and can be renewed for an additional 90 days. Increasingly, I have been asked by the Guardian to request an Order be granted by the Court giving the Guardian not only the authority to consent to treatment for their son or daughter but also the authority to allow them to consent to medication by injection for monthly relief so daily oral medication is not needed. Since an injection is forced upon the body a court order is usually needed before the doctor or nurse administering the prescribed medication will administer against the wishes of the alleged incapacitated person.
While no one can guarantee the outcome of any situation when it comes to mental health our firm uses the legal process to give control in an out of control situation. I have often found that eventually the individual suffering from a mental health disorder is further harmed by being continuously subject to being Baker Acted which usually requires the police taking them to a hospital. Guardianship offers a family control over their loved so that he or she can participate in long-term treatment so that he or she can learn to live with their mental health disorder and lead a healthy and productive life. If you want more information regarding Guardianship or the Marchman Act please check out or website at: www.drugandalcoholattorneys.com
or call our office at 561-419-6095
Written by Audra Simovitch, Esq.
Drug and Alcohol Attorneys
January 23, 2019
Boca Raton Marchman Act Lawyer | Frequently Asked Marchman Act Questions
When it comes to the Marchman Act, it helps to have a Boca Raton Marchman Act lawyer. The process is can be very intimidating and stressful. Knowing what you need to know about the Marchman Act could be the difference in your loved one getting the help they need or not
What Does the Marchman Act Do?
The Marchman Act is specific to the state of Florida and is an effective tool to save the lives of people who are a danger to themselves and others. If someone is deemed that sort of threat and the Marchman Act is filed, that person is then involuntarily sent to a rehab facility for up to 90 days. They are compelled to stay at the facility and be a good patient because if not, they can be held in contempt
Is the Marchman Act Actually Effective?
Yes, the Marchman Act is very effective and truly does save lives. Often times, these are people that cannot care for themselves or help themselves when it comes to substance abuse. Most of the time, mental illness is also a factor in someone not seeking the help they need. Under the Matchman Act, these people can seek the care and counseling they need. More often than not, getting people out of their environment and breaking the cycle of addiction is enough to get them on the right path
Who is Eligible for the Marchman Act?
The Marchman Act can only be used on those that are proven to be an immediate danger to themselves or others. A family member, loved one, or close friend files the Act with a judge and then the person is observed for up to five days. If they are deemed a threat after that, they are involuntarily put into rehab.
Looking for a Boca Raton Marchman Act Lawyer?
Have you been looking for a Boca Raton Marchman Act lawyer or more information about the Marchman Act? If so, contact us today
. The Drug & Alcohol Attorneys are here to help you get the care your loved ones need.
Addiction Lawyer Boca Raton | Is the Opioid Crisis, at Least in Part, Man Made?
Every day we speak to families in crisis because a loved one, usually their child (18-30 years old) has a raging substance abuse problem and co-occurring mental health disorder. One startling fact we’ve noticed is that in nearly every case the child has been prescribed medication for ADHD, usually Ritalin or Adderall, in addition to medication for anxiety or depression, such Xanax. It seems that once a medication has been prescribed, and there is an endless list of them because not one size fits all and their effectiveness appears to dissipate over time, the slippery slope of addiction and substance abuse becomes much more prevalent
It appears that genetics also play a part in the likelihood of a substance abuse disorder developing in an individual who also has ADHD. People with ADHD tend to be more impulsive and likely to have behavioral problems, both of which can contribute to drug and alcohol abuse. Also, both ADHD and alcoholism tend to run in families. A child with ADHD who has a parent with alcoholism is more likely to also develop an alcohol abuse problem than one without.
Statistics suggest that our experience may not be unusual. The number of children prescribed medication for ADHD soured from 600,000 in 1990 to 3.5 million by 2013, and that number continues to climb. Moreover, it seems that the increase in the number of prescriptions written by doctors has coincided with four (4) factors: 1) drug company marketing which has expanded the definition of ADHD to include things such as carelessness and impatience; 2) drug companies overstating the benefit of the medications; 3) a twenty (20) year campaign by the drug companies to publicize the syndrome and promote the pills to doctors, educators and parents; and 4) false and misleading advertising by the drug companies as to the true benefits and dangers of their drugs
Studies have shown a strong connection between ADHD, alcoholism and drug abuse. Moreover, ADHD is five (5) to ten (10) times more common among adult alcoholics than it is in people without ADHD. It is also more common for children with ADHD to start abusing alcohol during their teenage years. In one study, 14% of children ages 15-17 with ADHD had problems with alcohol abuse or dependence as adults, compared to children without ADHD. Another study found that at a mean age of 14.9 years, 40% of children with ADHD began using alcohol, compared to 22% of children without ADHD
According to Dr. Nora Volkow, the director of the National Institute on Drug Abuse, the brain’s likelihood of becoming addicted to a drug is related to how a drug increases levels of the naturally-occurring neurotransmitter dopamine, which modulates the brain’s ability to perceive reward reinforcement. The pleasure sensation the brain gets when dopamine levels are elevated creates the motivation for individuals to perform actions that are indispensable to our survival (like eating or procreation). Dopamine is what conditions us to do the things we need to do
. The reason that dopamine-producing drugs are so addictive is that they have the ability to constantly fill a need for more dopamine. “A person may take a hit of cocaine, snort it, it increases dopamine, takes a second, it increases dopamine, third, fourth, fifth, sixth. So there’s never that decrease that ultimately leads to the satiety
,” she says. This is why individuals dealing with addiction often relapse or have to go through treatment multiple times. Based on what I have observed, to some individuals, the need for a “high” is as strong as the need to breathe.
While every client’s case is different, the common thread is the diagnosis of ADHD and the use of medication which nearly always seems to make matters worse. One client, who was facing the prospect of a lengthy prison sentence, had been misdiagnosed and mistreated for his condition for close to twenty (20) years, beginning when he was ten (10) years old. He testified at his sentencing hearing that after he was diagnosed with ADHD and anxiety, as he got older and his need for a “high” increased, he progressed from abusing the medications to abusing cocaine, heroin, caffeine, and basically anything that would make him “feel better”.
There are a limited number of treatment centers that are really great at dealing with the dual diagnosis patient regardless of whether the client is in criminal or Marchman Court. To observe a client who has been stabilized and is in recovery is a thing to behold, it’s like saying goodbye to Mr. Hyde and hello to Dr. Jekyll. Parents often tell us that they finally have their child back after countless years of despair.
We are proud to work with an incredible team of professionals who are ready, willing and able to help with these issues. We do not charge for a consultation or for access to my resources. So, if you know a family in crisis encourage them to reach out for help
Lawyer Boca Raton FL | The Private Sector isn’t the Problem in the Opioid Crisis, but it May be the Solution
Palm Beach County is the drug treatment capital of America, if not the world. For the past several months there have been daily reports of deaths and overdoses. Some argue that the threat posed by terrorism pales in comparison to the threat posed by the opioid crisis
That being said, former Florida Governor Rick Scott, has recently declared a State of Emergency, reportedly giving the State access to $27 million in Federal funds. Some have argued that we should use the money to make more “county” beds available to treat addicts, perhaps we should consider re-opening facilities such as the Palm Beach County Sheriff’s Drug Farm. While county facilities should be granted access to the funds, I submit that the private sector, despite arrests for insurance fraud and patient brokering, is the solution, there are beds available immediately, and the will and knowledge to treat patients.
When it comes to the private sector successfully working in partnership with Government to solve a community issue, look no further than the pre-school industry. For close to twenty (20) years my parents successfully owned and operated a chain of pre-schools, all regulated and licensed by the Department of Children and Family Services (DCF), which also regulates and licenses drug treatment facilities in Florida. My parents were responsible for educating thousands of children in Palm Beach County, but after the crash of 2008, they almost lost everything, many families finding themselves unable to afford pre-school. The business was saved when the State and County stepped in and subsidized tuition so children could go to school, their families paying the remaining balance based on income. While tuition payments were always one (1) month in arrears, they were always paid
It takes seven (7) to ten (10) days to detox an individual who is addicted to drugs and alcohol before treatment can begin. Even when insurance coverage is available to pay for treatment, many treatment centers complain that insurance will only pay for thirty (30) days of treatment, hardly enough to cure someone who’s been addicted to drugs and alcohol for many years, and who may also have a co-occurring mental health disorder. What happens when there is no insurance coverage or cash pay available?
Treatment must be available to everyone, regardless of insurance and financial status, this is my plan to accomplish this goal: First, the emergency funds need to be made available to private “for profit” treatment centers. A list needs to be compiled of all treatment centers which would be good candidates to accept government subsidized patients. Centers with significant disciplinary issues, or where there has been insurance fraud, may not be good candidates.
Second, of the eligible centers, a list needs to be compiled of those that will accept patients at a reduced payment rate, knowing that payment is guaranteed (which is better than having to fight with an insurance company and still having to take less money), should be an incentive
Third, where there is insurance coverage, we need to know how much the carrier is willing to pay to make up the difference between the subsidy and what the treatment center will accept as payment. Where there is no insurance coverage or cash pay funds available, treatment centers can choose to accept the subsidy as the sole source of payment or not take the patient.
Fourth, before an addict dies or ends up in the criminal justice system, we need to educate the public about the Marchman Act and why individuals need to be “leveraged” into treatment. When appropriate, tax Dollars already compensate the Office of Regional Counsel to represent Respondents in Marchman Act proceedings. Petitioners need the same access to legal representation and where they qualify, access to free legal counsel that is compensated for their time from the emergency funds.
Fifth, Marchman Act hearings need to be conducted on a more frequent basis, once a week, as is the norm in many counties, is insufficient. There are many lawyers ready, willing and able to serve as Magistrates and/or retired Judges who could review and hear Marchman Act petitions. Let’s use the emergency funds to compensate these professionals.
Finally, we need to make sure that treatment Dollars go further, buying more time in treatment. You can’t train for a marathon in thirty (30) days, likewise, you can’t cure addiction in thirty (30) days either. Our clients tell us that anything less than sixty (60) days is a waste, ninety (90) is preferable, one hundred and eight (180) is great, after which time they can step down the rate and intensity of treatment.
This is just one of many ways that the opioid crisis must be addressed. However, we must remember that this battle is more akin to a marathon than a sprint, it will take time and a massive community effort.
For access to FREE resources or a FREE consultation, I can be contacted
at (561) 419-6095 or via email: email@example.com.
Drug Crimes Defense Lawyer Boca Raton | The Best Kept Secret in the Fight Against Drug Addition
The Centers for Disease Control estimate that 114 people a day die because of drugs (TIME
magazine offers a much higher estimate), and 6,748 will be sent to hospital emergency rooms for treatment. While addiction and substance abuse are undoubtedly major problems in the US, a survey conducted by the Substance Abuse and Mental Health Service Administration found that as many as 90 percent of people who most need drug rehab do not receive it
The best-kept secret in the battle against the opioid epidemic in Florida is the Marchman Act, a critical piece of life-saving legislation that has been on the books since 1993. The Marchman Act permits the involuntary commitment of an individual suffering from a drug or alcohol substance abuse disorder
After an ex parte petition is filed and reviewed for legal sufficiency, the Court can order an individual to be assessed for up to five (5) days (which can be increased for a further seven days) and thereafter involuntarily committed for up to sixty (60) days (which can be extended for a further ninety days). If the individual leaves treatment prior to completion of the Court ordered treatment, contempt proceedings can be initiated and a pickup order requested. The Court can use the threat of incarceration to “leverage” the individual back into treatment.
I am fortunate and proud to have a brother who is a doctor currently finishing up his residency at Mount Sinai hospital in Miami. He has shared the horror of working in the Emergency Room and treating a child who has been brought in after suffering a heart attack caused by opioid ingestion. “There is nothing worse than having to tell a mother and father that their 18, 19, or 20-year-old child is gone because they suffered a heart attack after shooting up with heroin. The brain cannot survive when it’s been starved of oxygen for ten or fifteen minutes.”
I speak to lawyers, medical personnel and families on a regular basis and I am shocked that few, if any, have heard of the Marchman Act and how it can be used to save lives. 80% of people in treatment in South Florida are from other states, some treatment centers spending upwards of $100,000 a month to advertise and attract clients to our state for addiction treatment, yet few families are being told about the Marchman Act and how it can be used to protect patients who are at risk of walking away from treatment
We are fortunate that our local State Attorney here in Palm Beach County is working diligently to rid our county of bad actors, kudos to Dave Aronberg, Alan Johnson and the rest of the Sober Homes Task Force for the work they are doing. That being said, we cannot rely solely on law enforcement or the treatment industry to fix this problem. As members of the legal community, we are perfectly placed to hear our neighbors cries for help and we must encourage those in crisis to get help, let them know that they are not alone in this fight. This disease affects about one-third of all families in the United States, so the other two thirds cannot sit idly by while people suffer.
I work with an incredible team of professionals who are ready, willing and able to help. I do not charge for a consultation or for access to my resources. So, if you know a family in crisis encourage them to reach out for help