There is now a Criminal Diversion for Veterans charged with midemeanors. Effective January 1, 2015, California Penal Code (PC) 1001.80 (also known as S.B. 1227) authorizes a defendant who was or is a member of the U.S. Military to take part in "pretrial diversion" on misdemeanors. Successful completion results in dismissal without conviction if certain requirements are met. This pretrial diversion stops prosecution pending successful completion or termination of the diversion. With a dismissal, the arrest is deemed to have never occurred and the individual can answer they were not arrested or diverted for the criminal offense (except for peace officer application)
Requirements and general proccedures for criminal diversion for veterans are outlined in PC 1001.80. In order to participate, a defendandant not only has to be a veteran, but must also be "...suffering from sexual trauma, traumatic brain injury, post traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military swervice." A combat tour is not a requirement. Many veterans suffer from issues as a result of their service independant of a combat tour. Separation from family as a result of deployments or military service and assosciated stress may be an issue, alcohol, drug abuse and anger issues may be connected to someone's military service. The goal of this law is to help not punish veterans for conduct stemming from issues that may be related to their military service.
Vista Courts and Courts throughout San Diego are setting up the guidelines and proceedures to handle this new criminal diversion available for qualifying veterans There are a great number of possible applicants because of the large military presence in San Diego. We have the criminal defense experience and USMC background to help you achieve the best result possible in your case. Call Christoph Law Offices at 760-941-5720 for a free consultation. For over 32 years we have provided the highest level of personal and professional criminal defense representation.