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Dedicated Defense for Veterans

Alternatives to Prosecution for Military

Service members and veterans often face unique challenges stemming from their time in the military, which can lead to struggles with mental health, substance abuse, or other issues that impact their lives. Programs like military diversion and Veterans' Court offer an opportunity for those who have served to address criminal charges through treatment and rehabilitation rather than traditional prosecution, helping them move forward with dignity and support.

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Dedicated Defense for Veterans

Alternatives to Prosecution for Military

Service members and veterans often face unique challenges stemming from their time in the military, which can lead to struggles with mental health, substance abuse, or other issues that impact their lives. Programs like military diversion and Veterans' Court offer an opportunity for those who have served to address criminal charges through treatment and rehabilitation rather than traditional prosecution, helping them move forward with dignity and support.

Schedule a Free Consultation

Dedicated Defense for Veterans

Military Diversion

Service members and veterans often face unique challenges stemming from their time in the military, which can lead to struggles with mental health, substance abuse, or other issues that impact their lives. Programs like military diversion and Veterans' Court offer an opportunity for those who have served to address criminal charges through treatment and rehabilitation rather than traditional prosecution, helping them move forward with dignity and support.

Schedule a Free Consultation

Specialized Programs for Veterans and Service Members

Veterans and active-duty military members who face criminal charges may qualify for programs that offer treatment and rehabilitation instead of traditional prosecution. These programs, like military diversion and Veterans' Court, aim to address the unique challenges arising from military service while helping participants avoid a permanent criminal record.

What is Military Diversion?

The military diversion program under California Penal Code section 1001.80 creates process whereby active military or veterans can apply for a pre-plea diversion. The purpose of military diversion is to help those who are serving, or have served, in the armed forces to have an alternative to a criminal conviction. Further, the veteran does not require an honorable discharge to be eligible for the diversion program.

To qualify, there must be some connection between your military career and a sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems. If you are considering military diversion or Veterans' Court, it is important to obtain your medical records. It is also advisable to show disability documents so the judge will make the determination that you qualify for the military diversion program.

In Fresno, the pretrial diversion program does not require a guilty or no contest plea. Instead, the court will suspend criminal proceedings against you. By participating the military diversion program through the Veteran's Administration, the charges will be suspended during the time it takes to successfully complete the program. Once the program is complete, the charges will be dismissed. The military or former military member will not be required to state he or she has a criminal conviction.

The maximum length of the military diversion program is two years, but may be shorter, depending on the individual's needs. The benefits of the military diversion may include 1) a program instead of costly trials, convictions, and incarceration; 2) Dismissal of certain criminal offenses following satisfactory attendance in the program; and, 3) The arrest will be treated like it “never occurred”. The only time the information would need to be disclosed is if the person is applying to become a peace officer.

What is the Purpose of Military Diversion?

Military diversion, as outlined in Penal Code Section 1001.80, is designed to assist current and former members of the United States Armed Forces facing misdemeanor or certain felony charges. This program recognizes that mental health conditions, such as post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), military sexual trauma, and substance use disorders, can result from military service and contribute to criminal behavior.

Under military diversion, eligible participants can suspend their criminal proceedings while they complete court-approved treatment programs. Successfully completing the program results in the dismissal of charges, effectively preventing them from appearing on a criminal record.

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Eligibility for Military Diversion

To qualify for military diversion, defendants must meet specific criteria:

Service Background: Must be a current or former member of the U.S. Armed Forces.
Connection to Military Service: Mental health conditions or substance use problems contributing to the alleged offense should be directly connected to military service.
Offense Type: While the program originally applied to misdemeanors, recent legislative changes under Senate Bill 1025 now allow certain felony offenses to qualify for military diversion. Crimes such as DUIs, assault, and petty theft are often eligible, though more severe charges like murder or sex offenses are excluded.
Consent and Waiver: Defendants must consent to military diversion and waive their right to a speedy trial.

Eligibility is determined on a case-by-case basis, and a judge may request supporting documents, such as medical records, military service documents, or expert evaluations, to confirm the connection between the condition and the alleged offense.

Benefits of Military Diversion

Participating in the program provides several advantages, including:

Charge Dismissal: Upon successful completion, the criminal charges are dismissed, shielding participants from a criminal record.
Arrest Record Sealed: Not only are charges dismissed, but the arrest record is sealed, easing potential employment or housing challenges.
Tailored Treatment Programs: Treatment often includes mental health counseling, substance abuse rehabilitation, PTSD therapy, and support groups.
Avoidance of Jail Time: Participants undergo treatment instead of incarceration, focusing on rehabilitation rather than punishment.

The program duration typically ranges from 12 to 24 months, depending on the individual’s treatment needs.

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Understanding Veterans' Court for Felony Cases

For veterans facing felony charges, California offers an alternative pathway through Veterans' Court. This program functions similarly to military diversion but is tailored specifically to felony cases and includes a more intensive level of oversight and requirements.

How Veterans' Court Works: Veterans' Court requires participants to enter a plea, and sentencing is postponed while they complete comprehensive treatment. Conditions such as PTSD, TBI, and military sexual trauma must be linked to military service and the alleged crime.
Felony Considerations: Felony participants often face stricter monitoring, including regular court appearances, drug testing, and mandatory treatment progress reports.

Benefits of Veterans’ Court

Successfully completing Veterans' Court can lead to:

Reduced Charges: Felonies may be reduced to misdemeanors upon program completion.
Expungement: Some charges can be dismissed and sealed, aiding in the restoration of personal and professional opportunities.
Comprehensive Support: The program provides access to job training, mental health treatment, peer mentorship, and substance abuse programs.

Failing to meet the program's requirements, however, will result in reinstated sentencing and prosecution.

How Veterans Can Reduce Sentences and Expunge Records

California Penal Code Section 1170.91 provides veterans and active-duty service members with unique opportunities for sentence mitigation, expungement, and record sealing, acknowledging the impact of military service on mental health and behavior. The statute requires courts to consider conditions like PTSD, TBI, military sexual trauma, substance abuse, or other service-related mental health issues as mitigating factors during sentencing. It applies to determinate sentences but excludes certain serious crimes such as murder or sex offenses. Veterans sentenced before January 1, 2015, can also petition for resentencing if their military-related conditions were not previously considered.

The law offers significant benefits, including reduced penalties, dismissal of convictions, and the ability to seal arrest or court records, ensuring the criminal incident is largely erased from public view. These measures help veterans avoid long-term consequences of a conviction, such as difficulties in obtaining jobs or housing. For rehabilitation-focused sentencing, veterans must provide proof of service and evidence of their condition while demonstrating substantial compliance with court-ordered treatment.

The process involves filing a petition, submitting supporting evidence (e.g., VA diagnoses or military records), and participating in a public hearing. If granted, courts may reduce sentences, clear records, or dismiss charges altogether. Veterans facing such circumstances are encouraged to consult experienced legal counsel to advocate for their rights and successfully leverage the opportunities this law provides.

To see if you qualify, contact our criminal lawyer so we can determine your eligibility. We will guide you through the process, gather necessary documents, and appear in court for you.

Take control of your future by exploring Fresno's legal alternatives for veterans and service members today.

The Path Forward for Veterans and Service Members

Navigating military diversion or Veterans' Court without proper legal guidance is difficult, especially if you are facing challenges due to your service. If you are eligible for military diversion or Veterans’ Court, these programs provide a second chance to get treatment, rebuild your life, and move forward with a clean slate.

Our defense attorney, accredited by the Veterans Administration, recognizes and deeply understands the unique challenges faced by military personnel and veterans as they transition back to civilian life. We are dedicated to helping you get the support and resources you need to when facing criminal charges. We work closely with the Department of Veterans Affairs, local VA hospitals, and veteran service organizations to ensure our clients are getting the best services possible.

If you are a veteran or active-duty service member facing criminal charges, reach out to a criminal lawyer. We assess your eligibility for diversion or Veterans' Court, advocate on your behalf to build a strong case for acceptance into the program, and collaborate with the court to create a personalized treatment plan that supports your rehabilitation.

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Veterans and service members in Fresno deserve a second chance�hire a criminal lawyer to receive for military programs in the criminal courts.

The Path Forward for Veterans and Service Members

Navigating military diversion or Veterans' Court without proper legal guidance is difficult, especially if you are facing challenges due to your service. If you are eligible for military diversion or Veterans’ Court, these programs provide a second chance to get treatment, rebuild your life, and move forward with a clean slate.

Our defense attorney, accredited by the Veterans Administration, recognizes and deeply understands the unique challenges faced by military personnel and veterans as they transition back to civilian life. We are dedicated to helping you get the support and resources you need to when facing criminal charges. We work closely with the Department of Veterans Affairs, local VA hospitals, and veteran service organizations to ensure our clients are getting the best services possible.

If you are a veteran or active-duty service member facing criminal charges, reach out to a criminal lawyer. We assess your eligibility for diversion or Veterans' Court, advocate on your behalf to build a strong case for acceptance into the program, and collaborate with the court to create a personalized treatment plan that supports your rehabilitation.

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