ARE YOU A MILITARY VETERAN OR STILL SEVING IN THE MILITARY ? WE CAN HELP !
CALIFORNIA HAS APPROVED MILITARY DIVERSION FOR BOTH MISDEMEANOR AND FELONY CASES.
If you are or were a member of the Military, and your criminal charge has a connection to your military service, you may be eligible for this program. An example would be someone with PTSD overacting when an Police officers starts asking them questions. Ask us about this area of the law. We appreciate the sacrifices you’ve made serving our country and we wish to honor and assist our military.
Anyone who served in the military may have situations that cause them to suffer trauma or mental health issues as a result of their military service.Veterans and active-duty personnel who suffer from trauma could be eligible for “military diversion,” rather than receiving jail time or a conviction in California criminal cases. Successful completion of diversion means no conviction on your record.
Military diversion is approved under California law. This gives the judge the authority to suspend criminal proceedings for misdemeanor or felony crimes while the defendant receives treatment for their condition.
There are many veterans who suffer from Post-Traumatic Stress Disorder (“PTSD”), were victims of sexual trauma, Traumatic brain injury (TBI), or developed an addiction to alcohol or drugs.
In order to be eligible for military diversion, you must be a veteran or current member of the United States Military, and as a direct result of their service, suffer from a condition.
WHAT IS MILITARY DIVERSION?
California Penal Code defines military diversion in misdemeanor cases if both of the following apply:
“(1) Defendant was, or currently is, a member of the United States military. (2) Defendant might be suffering from sexual trauma, traumatic brain injury, post- traumatic stress disorder, substance abuse, or mental health problems due to their military service.”
The court could request an assessment to aid in making a determination where the defendant is eligible. Unlike other California diversion programs, they are not required to plead guilty or no contest in order to obtain PC 1001.80 diversion.
The judge will postpone criminal proceedings while you are participating in getting treatment for their condition. Treatment is typically one on one counseling, AA meetings, group programs and even residential treatment if needed. These are services usually provided by the VA.
Once you complete treatment, your charges will be dropped. This is typically a one year period of review. If you fail to complete the program, then the criminal court process will proceed as usual.
Military diversion is usually available only for a first-time offender. If they have prior convictions, but have not received treatment, that may be a good reason to get approved for services.
MISDEMEANOR CRIMES QUALIFYING FOR DIVERSION
Penal Code 1001.80 military diversion is available for a defendant that has been accused of committing certain California misdemeanor offenses. Some common crimes include:
Vehicle Code 23152(a) – Driving under the influence, Vehicle Code 23152(b) – Driving with .08% blood alcohol
- Health and Safety Code 11350 – Drugs,
- Penal Code 647(f) – Drunk in public,
- Penal Code 415 – Disturbing the peace,
- Penal Code 240 – Assault,
- Penal Code 242 – Battery,
This list above does not include all misdemeanor crimes that are eligible. The criminal courts have recognized that veterans often deal with unique issues that apply specifically to veterans charged with a crime.
HOW DOES MILITARY DIVERSION WORK?
Typically, the defendant’s criminal defense attorney will ask the court for military diversion. If you are is eligible and the judge grants he request, you will be put into a pretrial diversion program. During this time, the you are expected to receive treatment for their underlying issues and they are also expected to complete all the relevant treatment programs.
Once you successfully complete the diversion, the arrest record will show as dismissed. This means they can answer “no” in response to any questions about prior criminal history in most cases. An exception would be a law enforcement application for example.
Typical military diversion programs will last from 12 to 24 months.
STEPS TO PREVENT A DISHONORABLE DISCHARGE.
A DUI or DWI arrest charge while serving in the Army, Marines, Navy, Air Force, or National Guard could ruin your career and future in the military. This is because a dishonorable discharge is a strong possibility if you are arrested and then convicted for drunk or drugged driving offense, since there is a zero tolerance policy for driving under the influence. The bottom line is, alcohol or drug related charges while active-duty in the military very often will result serious consequences for a serviceman.
There are certain steps to take now for the best defense options if you currently serve, or plan to serve in the Armed Forces and have been arrested and charged with a first DUI offense. Please have your arrest details reviewed with our DUI lawyer for a free consultation, and let us help to protect your rights and your military career.
We will help to ensure you are fully aware of all options , so both your time, money, and case chances to win are never wasted. After examining your arrest details, we will explain what to do with realistic options when fighting to get out of a charge.
What will happen if I am arrested and convicted of an offense while serving in the military such as the Army, Marines, Navy, Air Force, or National Guard?
With a criminal offense, the penalties will likely be far more severe and life-altering than a typical civilian case. When a military service member is convicted for the same type of charges. While a case tried in the criminal court can carry on for several months, this same offense prosecuted by the Armed Forces will be typically proceed much faster. We do not provide representation at Military Facilities, but do handle a charge if in a county in Northern California.
A recent story published in military news described in how a criminal charge forever changed a soldier’s career both in the professional and financial cost of the consequences, it is a harsh reminder of the reality of what can happen under the current military law and protocol. This is why it is so important to explore every possible option to fight and get a charge dropped or dismissed, in order to help prevent this negative outcome and long-term stigma from ever happening in the first place.
- However, it is important to realize that not all arrests will go to trial in criminal court. Some cases can get dismissed due to lack of, or improperly collected evidence, and some charges can get plead down to a lesser offenses. Having your own specific arrest events analyzed through us , can help you determine what course of action is most appropriate for your particular situation based upon what took place.
DUI ISSUES – MILITARY CONSEQUENCES OF A DUI
When fighting DUI arrest charge, both your freedom and future with a military career are on the line. You might seek legal counsel with us for the best local military defense lawyer as soon as possible after being charged with a driving under the influence of alcohol or drugs while serving on active duty. Beyond possible jail time, mandatory fines, and a driver’s license suspension, you could face other non-judicial punishments, or even face a court-martial. This means what you can expect to happen is facing anything from a reprimand to imprisonment and dishonorable discharge.
Please realize that a DUI arrest conviction is not automatic, and there may be defenses available to you to beat the DUI charge with a our help reviewing your arrest details for potential strategies.
Military diversion is approved under California law. This gives the judge the authority to suspend criminal proceedings for misdemeanor or felony crimes while the defendant receives treatment for their condition.
In order to be eligible for military diversion, you must be a veteran or current member of the United States Military, and as a direct result of their service, suffer from a condition. We have a Military Advocate, a veteran of Operation Enduring Freedom , who understands your unique experiences.
Call for a free consultation so we can assist you.
