Alternative Treatment Programs & Specialized Courts
When substance abuse or mental health issues contribute to criminal charges, treatment may be a better path than incarceration. Our attorneys help clients navigate the Marchman Act, Drug Court, and Veterans Court to achieve recovery and avoid a criminal record.
Treatment, Not Just Punishment
Substance abuse and mental health issues often lie at the heart of criminal behavior.
Florida recognizes that treatment can be more effective than incarceration for certain offenders. Through specialized programs like the Marchman Act, Drug Court, and Veterans Court, individuals facing criminal charges may have the opportunity to receive comprehensive treatment while avoiding jail time and potentially having their charges reduced or dismissed.
At Boardman & Gallagher, we understand that addiction is a disease, not a moral failing. Our experienced attorneys work tirelessly to help clients access these life-changing alternative programs. Whether you are a family member seeking help for a loved one through the Marchman Act, a defendant eligible for Drug Court, or a veteran struggling with service-related trauma, we are here to guide you through every step of the process.
Marchman Act
Involuntary substance abuse treatment for individuals severely impaired by addiction
Drug Court
Treatment-based alternative to incarceration for non-violent drug offenders
Veterans Court
Specialized program for veterans with PTSD, TBI, and service-related trauma
The Marchman Act
Involuntary Substance Abuse Treatment
A Civil Legal Tool to Save Lives
The Hal S. Marchman Alcohol and Other Drug Services Act of 1993, codified in Chapter 397 of the Florida Statutes, provides a legal mechanism for families and concerned parties to petition the court for involuntary assessment and treatment of individuals severely impaired by substance abuse. Unlike criminal proceedings, the Marchman Act is a civil process designed to help individuals who are unable or unwilling to seek treatment on their own.
This powerful legal tool can be a lifeline for families watching a loved one spiral into addiction. When someone you care about refuses help despite the devastating consequences of their substance abuse, the Marchman Act may provide the intervention they desperately need.
Who Can File a Petition?
- Spouse or family members
- Legal guardians
- Friends or concerned parties
- Law enforcement officers
- Treatment facility representatives
How We Help
For Families: We guide you through the legal process, prepare your petition, and advocate for your loved one's access to treatment.
For Respondents: We protect your rights, ensure the petition meets legal standards, and advocate for the least restrictive treatment options.
The Marchman Act Process
1. Filing the Petition: A petition is filed in the county where the individual is located, demonstrating substance abuse impairment and risk of harm.
2. Court Hearing: The respondent receives automatic legal representation and a hearing is scheduled.
3. Court Order: If granted, the individual is ordered to undergo assessment at a licensed treatment facility.
4. Treatment: Based on assessment, the court may order stabilization and treatment for up to 60-90 days.
Drug Court
Treatment as an Alternative to Incarceration
A Second Chance for Non-Violent Offenders
Drug Court is a specialized court program that offers eligible defendants an alternative to traditional criminal prosecution and incarceration. Rather than serving jail time, participants engage in intensive, court-supervised substance abuse treatment. The goal is to address the root cause of criminal behavior—addiction—while holding individuals accountable through rigorous monitoring and support.
Drug Courts operate on the principle that addiction is a treatable condition and that providing treatment can reduce recidivism more effectively than punishment alone. These programs combine judicial supervision, treatment services, drug testing, and incentives to promote long-term recovery and law-abiding behavior.
Program Components
- Intensive evidence-based treatment
- Regular court appearances
- Frequent drug testing
- Graduated sanctions and incentives
- Comprehensive support services
- Team approach with judge, attorneys, and counselors
Benefits of Completion
- Avoid incarceration
- Reduced or dismissed charges
- Long-term recovery support
- Access to education and job training
- No permanent criminal record
- A fresh start
The Marchman Act Process
Non-violent offenders: Charged with drug-related crimes or substance-driven offenses
Amenable to treatment: Willingness to participate and comply
Substance abuse issues: Confirmed through clinical assessment
Limited violent history: Serious violent felonies may disqualify
Veterans Court
Honoring Service Through Treatment and Support
Specialized Help for Those Who Served
Veterans Treatment Court (VTC) is a specialized court program designed to address the unique challenges faced by military veterans in the criminal justice system. Recognizing that many veterans struggle with service-related issues such as post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), and substance abuse, Veterans Court provides a treatment-focused alternative to incarceration.
Veterans Court honors the service and sacrifice of our nation's veterans by offering them the opportunity to address the underlying issues that contributed to their criminal behavior. The program combines intensive treatment, judicial supervision, peer mentorship, and connection to Veterans Affairs (VA) benefits and services.
PTSD & TBI Treatment
Specialized care for service-related trauma and injuries
Peer Mentorship
Support from fellow veterans who understand
VA Benefits
Connection to healthcare, disability, and housing
Understanding the Connection Between Service and Crime
Many veterans face challenges that civilians may not fully understand. Combat exposure, repeated deployments, military sexual trauma, and the transition to civilian life can all contribute to mental health struggles and substance abuse. These issues, if left untreated, can lead to behaviors that result in criminal charges.
Veterans Court recognizes that the veteran standing before the court is not defined by their worst moment but by their service and potential for recovery. The program seeks to address the root causes of criminal behavior and provide the support veterans need to heal.
The Marchman Act Process
- Military veterans or active service members
- Charged with non-violent criminal offenses
- Service-related PTSD, TBI, or mental health issues
- Assessed as amenable to treatment
Program Benefits
- Specialized trauma treatment
- Access to VA healthcare and benefits
- Avoid incarceration
- Reduced or dismissed charges
- Peer support from fellow veterans
- A path to recovery and reintegration
Boardman & Gallagher
Why Choose Boardman & Gallagher?
Compassionate Advocacy for Alternative Treatment Programs
Experience You Can Trust
Our team has successfully guided countless clients through alternative treatment programs, achieving outcomes that change lives.
Personalized Attention
We take the time to understand your unique situation and tailor our approach to your specific needs.
Comprehensive Support
We work with treatment providers, VA representatives, and court personnel to ensure you receive the resources you deserve.
Commitment to Your Future
We're not just focused on resolving your legal case—we're committed to helping you build a healthier, more productive future.
Frequently Asked Questions
What is the difference between the Marchman Act and Drug Court?
The Marchman Act is a civil process for involuntary substance abuse treatment, typically initiated by family members or concerned parties. Drug Court is a criminal court program for defendants facing charges, offering treatment as an alternative to incarceration. The Marchman Act focuses on getting someone into treatment, while Drug Court is part of the criminal justice process.
Can I be forced into treatment under the Marchman Act?
Yes, if the court finds that you meet the criteria—specifically, that you are substance abuse impaired, have lost self-control, and are at risk of harm—you may be ordered to undergo involuntary assessment and treatment. However, you have the right to legal representation and a hearing before any such order is issued.
What happens if I fail to complete Drug Court?
If you are terminated from Drug Court for non-compliance, you will return to traditional criminal court for sentencing on your original charges. This is why it is critical to take the program seriously and work closely with your attorney and treatment team.
Do I need to be enrolled in VA benefits to participate in Veterans Court?
No. Many veterans are not enrolled in VA benefits when they enter Veterans Court. The program includes Veterans Justice Outreach specialists who can help you apply for and access VA services, even if you have never used them before.
How long do these programs last?
The Marchman Act allows for treatment up to 60-90 days, though voluntary treatment may continue longer. Drug Court and Veterans Court typically last 12 to 24 months, depending on the participant's progress and the specific program requirements.
Will my charges be dismissed if I complete the program?
Successful completion of Drug Court or Veterans Court may result in reduced charges or dismissal, depending on the agreement with the prosecutor and the court. Your attorney can explain the specific terms of your program.
CONTACT US
Take the First Step Toward Recovery
If you or a loved one is struggling with substance abuse or mental health issues that have led to legal trouble, help is available. Contact Boardman & Gallagher today for a free, confidential consultation.
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- 1710 East Seventh Ave Tampa, FL 33605
- (813) 248-0704
- Monday-Friday: 9AM-5PM