Call us 24/7
Free Consult (During office hours) 855-429-0074

Can a Marchman Act and Baker Act happen in the same case?

As Seen On
  • abc
  • cbs
  • nbc
  • Florida Bar
  • The Miami Herald
  • Tampa Bay Times
  • msnbc


Hello, everyone! Welcome to another edition of our video newsletter.

In this video, I want to talk to you about the Marchman Act and the Baker Act occurring in the same case. Let me explain how that could work.

There have been times where we have been retained on a Marchman Act case, where somebody is in a facility. Perhaps, they had an overdose and went to the emergency room. As a result, the doctor, a psychiatrist, may have thought they would harm themselves if he allowed them to leave. In other words, they are presented as a danger to themselves or others. Right there and then, they legally met the Baker Act criteria. In those instances, that person will be held under the Baker Act. We then file part one of the Marchman Act, a court order for assessment and stabilization. Once the facility has released them, they are taken over to the assessment facility. At that point, the Marchman Act process then takes over. So, the case started with the Baker Act, and then it went into Marchman Act.

There have been other cases where we’ve filed the Marchman Act while proceeding in an assessment facility. They then go into a treatment facility on part two of the March Man Act. And, they have some break because they become suicidal. When something happens to them, the facility concludes that they meet the criteria for a Baker Act. So we’ve got a Marchman Act in process, then the Baker Act gets initiated. They are taken from the facility to another facility, where they get stabilized under the Baker Act.

Typically and hopefully, that only lasts for a day or two or three days, perhaps even four days. Then the person’s return to the Marchman Act facility. It is possible, and we have seen the Baker Act and Marchman Act on several occasions.

These cases are fluid. It means things change. What we’re dealing with is a horrible disease of the mind. Whether it’s substance use or mental illness, things change as someone goes through recovery. So, it can start as a Baker Act that goes into Marchman Act or vice versa.

I appreciate the question about you the combination of both. If you have any questions, feel free to reach out to us. We never charge for a consult, and with that said, stay safe and be well.

    100% Confidential