Military service comes with no shortage of challenges, and if you’ve served — or love someone who has — you know that better than anyone else. Sometimes the sacrifices may extend beyond the short-term and can cause a whole new set of obstacles upon returning to the civilian world. This can make an already difficult event like an arrest even more stressful.
Fortunately, you have more options than you may think when charged with a crime. You don’t have to let it ruin your clean record (and related opportunities for employment, professional licensing, housing, and more). Pretrial diversion programs can provide the second chance you deserve, especially as someone who has served our county.
The Military Diversion Program (Penal Code 1001.8) is a pretrial diversion program that recognizes that certain offenses can be the result of trauma and mental health issues acquired directly through military service. If found eligible, you can enter treatment without having to plead guilty or no contest. Following the successful completion of your program, your case will be dismissed.
If you’ve been charged with a crime and want to qualify for the Military Diversion Program or another diversion program, a proactive response is your best chance for qualifying. Working with a qualified criminal defense attorney will help you to fully realize the opportunities available to you.
WHAT IS CALIFORNIA’S MILITARY DIVERSION PROGRAM AND WHO IS ELIGIBLE?
As covered in a recent blog post, simply put, you may be eligible for treatment and diversion called the Military Diversion Program for the following conditions if they were a result of your military service: PTSD, sexual trauma, traumatic brain injury, substance abuse, or mental health problems.
If found eligible, the treatment program would last 12-24 months. If completed successfully, charges would be dropped. Eligible crimes include many misdemeanors including narcotics and other drug possession charges, assault/battery, and in some cases, a DUI. A DUI in California is very complex and requires specialized expertise like that here at Proper Defense.
One caveat to note about the Military Diversion Program is that it’s available only to first-time offenders, so the opportunity won’t be available to you with a prior conviction. Fortunately, you are still potentially eligible for Veteran’s Court even if you’ve been convicted of a crime before.
Before we cover what Veteran’s Court may entail in your county, it’s important to consider other diversion program opportunities and when they might be a better route to take. These pretrial diversion options include Drug Diversion, Mental Health Diversion, and the new Misdemeanor Diversion Program (AB 3234).
WHEN OTHER DIVERSION PROGRAMS MAY BE A BETTER OPTION
While Military Diversion might be the best option because it covers a broad range of misdemeanors, it’s not always the best choice for a defendant. This was true for a client of mine who had a misdemeanor possession charge. If we were to have gone the Military Diversion Program route, he would have had to assert he had PTSD because of his service. Because he was still on active duty, this would have further complicated his career path instead of helping it. So in this case, we went with the new Misdemeanor Diversion Program, which was successful. He had no prior convictions, so he simply took gun safety classes in exchange for a dismissal.
For more in-depth information about the Misdemeanor Diversion Program, see our recent post on the subject. In the meantime, here is a brief summary of the Misdemeanor Diversion Program (AB 3234): Designed for first-time offenders, those charged with most misdemeanors could have their case dismissed or erased upon completion of a court-ordered diversion program. Superior court judges are granted the discretion to offer diversion opportunities even if a prosecuting attorney objects. This is where having a Proper Defense is key. Certain offenses are exempted (including corporal spousal abuse, stalking, and sex crimes).
Here is a summary of the two other long-running pretrial diversion programs:
Drug Diversion Program (Penal Code 1000): Allows a treatment and education diversion program for defendants arrested for low-level, non-violent drug crimes with no previous disqualifying convictions in the last 5 years. Mainly for drug possession. For more details about eligibility requirements and opportunities within the Drug Diversion Program, this blog covers it in detail.
The Mental Health Diversion Program (Penal Code 1001.36): Applicable for misdemeanors and certain felonies, it allows the chance for treatment and potential dismissal. As mentioned in a previous blog post about the Mental Health Diversion Program, not all crimes are eligible. Ineligible offenses include involuntary manslaughter, failure to register as a sex offender, rape, and other sex offenses.
WHEN MILITARY/OTHER DIVERSIONS AREN’T AN OPTION: VETERANS COURT
For certain offenses or if you have prior convictions, the Military Health Diversion Program simply isn’t an option. But your ineligibility doesn’t necessarily exclude you from obtaining treatment and receiving a reduction or dismissal of your sentence and less or even no jail time. Veteran’s Treatment Court requires a treatment plan that goes through four highly regulated and intensive phases. While they are strict and include many testing and related requirements (including randomized drug screenings and hearings), the focus on rehabilitation makes it a refreshing alternative to the typical criminal justice system’s focus on punishment.
Recognizing that mental health issues often can stem from military service, even felonies can be eligible for Veteran’s Court. Although it is not a pretrial diversion program, Penal Code 1170.9 is still very promising in terms of the chance for rehabilitation and a second chance. It allows qualified military/veteran defendants to undergo treatment instead of being sent to county jail or state prison. Because eligibility is at the court’s discretion, this is where having the right representation matters most.
While certain eligibility and program specifics vary between counties, Veteran’s Court is typically a joint effort with treatment coordinated through the Veteran’s Administration (VA) and includes other considerations like housing, education, and employment. For our purposes, we will look at three Veteran’s Courts, one in Fresno County, One in Los Angeles County, and one in Orange County.
Fresno County Veteran’s Treatment Court offers a 12-18-month rehabilitation program for certain felony and misdemeanor criminal offenses. “The collaboration for treatment is between the Superior Court, Public Defender, District Attorney, Probation and Veteran’s Administration Central California Health Care System (VA), along with numerous law enforcement, veteran social service, and community organizations… Treatment is coordinated through the VA and includes ancillary services such as housing, education, and employment.”
Los Angeles County Veteran’s Court offers a 12 month (for certain misdemeanors) to an 18‐month (minimum) intensive treatment program. Los Angeles County Veteran’s Court Pilot Program is an 18-month minimum program that serves as an alternative to prison for “veterans charged with felonies or felony probation violations”. It “provides individually tailored reintegration, case management and treatment plans that promote sobriety, recovery, stability, social responsibility, family unity, self-reliance, and reduced recidivism.”
The Orange County Veterans Court (VC) is a bit broader and offers a 6-18-month program with misdemeanor and felony offenses and offers three different tracks. “Track I Diversion results in the charges being dismissed, Track II Post Plea results in a reduced sentence and Track III VOP is for probation cases.” Further, according to the program, it “involves ongoing judicial supervision and intensive probation supervision with input from a multi-disciplinary team of professionals led by a judge. VC also assists participants in securing housing, employment opportunities, job training, education, transportation, disability compensation claims, discharge status and other benefits available at the local, state and federal level.”
PROPER DEFENSE IS THE BEST CHANCE FOR A SECOND CHANCE
Because the Military Diversion Program is complex and may or may not be your best option depending on your specific case, a proper defense is vital to helping you assess whether you should try to qualify for it and/or other related diversion programs. We are here to help.
For a true advocate that you can trust, in a judgment-free zone, contact Proper Defense Law Corporation today. For a FREE consultation in the Fresno area, call (559) 825-3800. You can reach us at our Beverly Hills location by calling (424) 284-4066. You can also schedule an appointment online on our Contact Us page. It gets better with Proper Defense, we promise.
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