Military Diversion: A Beneficial Path for Service Members in the Criminal Justice System
Less than 2% of Americans have served or are currently serving with a branch of the United States Armed Services. Beyond the inherent sacrifice their friends and family make, the veterans themselves are often exposed to various untold traumas that may haunt them well beyond their service. This may include combat duty in one of America’s oversea’s wars or witnessing a catastrophic accident during training. But a veteran may also suffer various other mental health issues that arise due to their service, such as a substance abuse issues or depression. While not as visible as external injuries, these internal injuries may show themselves while in civilian life and can lead to a criminal arrest and prosecution.
Military diversion is a specialized program designed to support service members facing criminal charges in California. This article aims to shed light on the benefits of military diversion for clients and provide insights into the process. We will also highlight the relevant penal codes associated with military diversion in California.
Understanding Military Diversion:
Military diversion is a program that allows eligible current or former military personnel charged with certain criminal offenses to receive treatment and support services in lieu of traditional criminal prosecution. The goal is to address the underlying issues contributing to the offense, promote rehabilitation, and facilitate successful reintegration into civilian life.
Our team has worked with all Southern California jurisdictions, including Los Angeles County, Orange County, and San Diego County, to obtain military diversion for Veterans and active duty service members. We have worked closely with each of our Client’s local VA services to provide treatment suitable to treat the underlying issues that lead to the criminal conduct.
Benefits of Military Diversion for Clients:
Dismissal of Charges: Successful completion of the military diversion program can result in the dismissal of the criminal charges against the client. This offers a significant advantage, as it avoids the negative consequences associated with a criminal conviction.
Treatment and Support: Military diversion programs prioritize treatment and support services tailored to the unique needs of service members. This can include counseling, therapy, substance abuse treatment, mental health services, and other interventions aimed at addressing underlying issues.
Protecting Military Careers: By opting for military diversion, service members can safeguard their military careers. Traditional criminal convictions can have severe repercussions on military service, potentially leading to demotion, loss of security clearance, or even discharge. Military diversion provides an opportunity to address the issue while protecting their military standing.
The Process of Obtaining Military Diversion:
Eligibility Assessment: A skilled criminal defense attorney will assess the client's eligibility for military diversion based on criteria established under California Penal Code sections relevant to diversion programs, such as Penal Code 1001.80 and Penal Code 1001.90.
Preparing the Diversion Request: The attorney will compile necessary documentation, including proof of military service, treatment plans, and other supporting evidence, to present a compelling diversion request to the court.
Court Evaluation: The court will review the diversion request, considering factors such as the nature of the offense, the client's military service, and the potential for rehabilitation. The relevant penal codes, including the aforementioned Penal Code sections, guide the court's decision-making process.
Program Completion: If the diversion request is approved, the client will enter the military diversion program and comply with the prescribed treatment and support requirements. Successful completion of the program leads to the dismissal of charges.
Relevant Penal Codes in California:
Penal Code 1001.80: This section outlines the eligibility criteria and requirements for military diversion programs, allowing service members to pursue diversion instead of criminal prosecution.
Consult an Experienced Criminal Defense Team:
Navigating the intricacies of military diversion requires the expertise of an experienced criminal defense attorney. At our firm, we have a deep understanding of military diversion programs and the relevant penal codes in California. Our dedicated team will guide you through the process, help build a compelling diversion request, and advocate for your successful completion of the program.
Los Angeles County, Orange County, Ventura County, and San Diego County all deal with military diversion in their own unique ways. In Los Angeles County, for example, defendant may make a motion for a military diversion directly in the pre-trial court they find themselves in. But in Ventura County, a defendant may make the motion with the pre-trial court and the matter is then referred to a specific military diversion courtroom where the defense works with a team that includes the judge, the District Attorney’s Office, Probation Department, and a representative from the VA. The Law Offices of Leonard Manalo has been working with veterans since the Military Diversion statute went into place and has worked with all of the Southern California jurisdictions and their respective military diversion programs.
Conclusion:
Military diversion offers unique benefits to service members facing criminal charges in California. By participating in the program, clients can achieve the dismissal of charges, receive tailored treatment and support, and safeguard their military careers. Understanding the process and the relevant penal codes is crucial to pursuing military diversion successfully. Reach out to our experienced criminal defense team today to explore the possibilities of military diversion and secure the best outcome for your case.
