If your loved one is impaired by substance abuse, suffering from a mental illness or is dual-diagnosed and refusing treatment, you can take the first step in getting them help by contacting attorney Mari Blumstein.
Deciding what action to take when your loved one refuses treatment is challenging and stressful. Over time, it takes a toll on everyone involved in that person’s life. An experienced Marchman Act and Baker Act attorney can help by explaining the available options, whether for substance abuse, mental health treatment or both. The next step is implementing the correct legal process to ensure your loved one receives the right treatment. You do not have to navigate the court system on your own. Mari Blumstein will take immediate action to assist you in obtaining the most appropriate treatment for your loved one, so they can achieve sobriety, stability and regain control over their life.
Mari Blumstein, P.A. is a law firm exclusively focused on substance abuse disorder and mental health issues in both the areas of civil and criminal law.
If you have a family member or friend with an addiction, they probably have a substance abuse disorder that requires treatment. As you may know, often times they do not recognize the need for treatment or the extent of their problem. Or, they may have tried treatment in the past but it did not work or their sobriety did not last. The Marchman Act is a Florida law that allows the Circuit court to order the involuntary assessment and stabilization and commitment to treatment if an individual suffering from a substance abuse disorder is a danger to themselves or others. One way to start the process is to file a petition with the clerk. Following, a judge can issue an ex parte order immediately or, hold a hearing and order the person to be admitted to a hospital, addictions receiving facility or a detoxification facility for assessment and stabilization if the statutory criteria is met. If it is determined after assessment and stabilization that further treatment is needed, another hearing is held and the court can order inpatient or outpatient treatment for a period of up to 90 days. This time frame can be extended prior to the expiration of the 90 days if further treatment is necessary.
The filing of a Marchman Act petition and the legal process that follows does not require the hiring of a lawyer. However, using a Marchman Act lawyer alleviates much of the stress involved with navigating the legal complexities and the court process. Attorney Mari Blumstein will draft the petition if you are the party initiating the court order ( “petitioner”), file the petition with the clerk, and prepare for and attend the initial court hearing and any subsequent hearings.
Additionally, Mari Blumstein will assist in finding the right treatment facility for your loved one, as each person has different issues and treatment needs. Ms. Blumstein only recommends facilities that she is personally familiar with and who adhere to the strictest standards of confidentiality and provide the highest quality of care. The process of breaking the cycle of addiction and ensuring long term sobriety may take time but it is attainable.
The Florida Statute known as the Baker Act is utilized to provide crisis intervention services for individuals suffering from acute mental illness. Specific criteria must be met for involuntary examination and treatment under the Baker Act.
If your loved one has a mental illness and is refusing treatment and is either a danger to himself or others or is unable to care for himself, a Baker Act can initiated. This can be done by an ex parte court order, law enforcement , or by a physician, clinical psychologist, social worker, psychiatric nurse and other health care professionals who have examined the person and find that they meet the Baker Act criteria. This process should be utilized when all other less restrictive alternatives to treatment are not appropriate or available. After arrival at a receiving facility, there are time frames in which the patient has to be examined and for filing a petition for involuntary treatment services.
Like the Marchman Act, an attorney is not required to file an ex parte petition with the clerk of the court. However, the law is complex. Furthermore, navigating the legal process and going to a court hearing without an attorney may prove to be frustrating and futile. Attorney Mari Blumstein will help to ensure the right outcome.
Additionally, if your family or friend has been Baker Acted and you believe that their rights may have been violated during the process or while being held in a treatment facility against their will, Mari Blumstein can help. She is a fierce advocate and will ensure that the Baker Act law is strictly adhered to.
The petition and the entire court file, including court orders are confidential and protected by federal and state law. Therefore, you do not need to worry that your family or friend may lose their job or be discriminated against because they are the subject of either of these proceedings.
Substance abuse and mental health disorders often worsen over time if left untreated. Unfortunately, a large percentage of the jail population suffers from substance abuse and mental health problems that have not been addressed. While being arrested and charged with a criminal offense is devastating and can ruin a person’s life, it can also serve as a mechanism for getting someone the help that they desperately need. Individuals charged with less serious, non violent crimes can benefit from court ordered treatment. Many counties in Florida have post arrest diversion programs and specialty treatment courts for those with substance abuse and mental health disorders if they meet certain criteria. Treatment is always preferred over punishment and those individuals who are willing to participate and complete services usually have excellent outcomes.
Mari Blumstein is available to consult on family law, child custody cases and domestic violence cases when substance abuse or mental health are an issue. These cases are very emotional and having an attorney who is knowledgeable about the laws governing privacy pertaining to substance abuse and mental health records is important to protect the parties’ rights.
Mari S. Blumstein is a member in good standing of the Florida Bar and the Broward County Bar. She has been practicing law since 1987 and spent 35 years as a Broward County Assistant State Attorney. Ms. Blumstein is an accomplished litigator, having spent her entire legal career in the courtroom. She developed a specialty in mental health, representing the State at Baker Act hearings at all licensed receiving facilities in Broward County for over 30 years.
Ms. Blumstein was also involved in Marchman Act hearings during her career at the State Attorney’s Office and has extensive experience with substance abuse disorders, as well as mental health. Often, individuals have co-occurring disorders, which can make treatment more challenging, but not impossible.
In Felony Mental Health Court, Ms. Blumstein served as a supervisor. Her responsibilities included overseeing and handling criminal cases involving mentally ill, dual-diagnosed and intellectually disabled defendants. The cases ranged from nonviolent crimes such as grand theft, burglary and drug possession and delivery, to violent crimes such as robbery, kidnapping, carjacking and sexual battery. In this court, Ms. Blumstein litigated hundreds of cases involving competency issues and downward departures, utilizing expert witnesses to reach the proper resolution. When appropriate, treatment was court-ordered in lieu of prison.
Her unique experience in both civil and criminal mental health and substance abuse law, combined with her connections to local psychiatrists, psychologists and addiction professionals, gives Ms. Blumstein a distinct edge over other attorneys practicing in this area. She has lectured on the Baker Act to physicians and case managers at local hospitals, as well as to prosecutors at the Florida Prosecuting Attorneys Association. She has also been a panel member at the Broward County Crime Commission’s Fourth Annual Juvenile Crime Conference and at the Florida Partners in Crisis Annual Conference for Judges. Ms. Blumstein also served as a panel member at the National Judicial College for its Mental Competency Best Practices Model. Currently, Ms. Blumstein serves on the Board of Governors for the United Way of Broward’s Coalition on Behavioral Health and Drug Prevention. She is also active in the Broward County Bar Association and is a member of its Mental Health and Wellness Committee.
Get help now! Contact Mari Blumstein at (954) 881-5457 for a confidential consultation at no charge. If you retain Mari Blumstein, she will personally handle your case. She knows the court system, judges, treatment professionals and facilities in South Florida and is dedicated to obtaining the right treatment for your loved one.
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(954) 881-5457
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Mari Blumstein Law, P.A.
12 S.E. 7th Street, Suite 705
Fort Lauderdale, FL 33301
*All calls and information are strictly confidential.
