California’s Military Diversion Program
Are you a active duty or a veteran of the military who has been charged with a misdemeanor crime? If yes, then you may be eligible for California’s military diversion program, which can keep your criminal record clean and result in a dismissal of all charges. The program applies to military veterans who may be suffering from sexual trauma, traumatic brain injury, post traumatic stress disorder (PTSD) substance abuse or other mental health issues related to their military service.
It is well known that many veterans have had a difficult time transitioning back to civilian life after courageously and selflessly serving our country. In some cases, veterans suffer from post-traumatic stress disorder, alcohol abuse and/or drug addiction or other mental health issues. Veterans dealing with these problems may also end up facing criminal charges such as DUI, assault, drug possession, domestic violence and many other types of misdemeanors. (DUI is presently under appellate review as to whether the military diversion applies to that violation)
Christoph Law Offices helps our veterans qualify for California’s military diversion program, getting them the support they need while helping them to avoid a criminal conviction. Call our offices at 760-659-2149 or contact us online for more information.
How the Military Diversion Program Works in California
Under the military diversion program, a veteran who has been charged with a misdemeanor crime can participate in an approved program that addresses the mental health problems that the veteran may be experiencing. Upon completion of the program, which will take no longer than two years, the misdemeanor charge is dismissed and the arrest will be considered to “never have occurred.”
Veteran’s Court is available for felonies as well and is different than military diversion. It is also focused on rehabilitation instead of incarceration and works closely with the Veteran’s Administration to make sure that military service members get the support they need through appropriate services and programs. Veteran’s Court programs can also result in a dismissal after completion of the program post sentencing. Military diversion is available without any plea or sentencing.
Qualifying for the Military Diversion Program
The details of the military diversion program are outlined in Cal. Penal Code Section 1001.80. The program only applies to current or former members of the U.S. military who have been charged with misdemeanors, and the following conditions must be also be met:
- The veteran is 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 service as indicated by a mental health professional.
- The veteran agrees to participate in the program and waives his or her right to a speedy trial. The mental health professional will also provide a treatment plan.
- The veteran has not already been accepted into the program for any other criminal case.
Participants in the program agree to engage in treatment and counseling, make regular court appearances to review progress and be supervised by the court to ensure their participation.
We Can Help You Get the Second Chance You Need
At Christoph Law Offices, we understand how important it is for our veterans to get the support they need while avoiding the long-term negative consequences of a criminal record. William Christoph, having been a USMC Captain and served in Vietnam, and his son Nicholas, both understand the military and the criminal justice system and will help all veterans or active duty military get best resolution possible.
Our lawyers have helped numerous veterans in Vista, Oceanside, Carlsbad, Escondido and Camp Pendleton gain acceptance into the military diversion program and take advantage of the many benefits it offers.
Let us fight for you and your future. Call our offices today at 760-659-2149 or contact us online for a free initial consultation and to learn more about your options from a military diversion attorney.