Over the last decade, California has taken steps to reform the criminal justice system and provide a greater variety of sentencing options. While many people convicted of misdemeanor or felony offenses can still expect to serve time behind bars, pay fines, and face other lasting consequences, individuals suffering from mental health or substance abuse disorders may be able to participate in pretrial diversion programs instead. The California Veterans Diversion Program allows current members of the military or veterans suffering from service-related mental health issues and charged with a criminal offense to participate in a pretrial diversion program and avoid criminal liability. Below is a brief overview of how the California Veterans Diversion Program works.
Understanding the California Military Diversion Program
California legislation recognizes that many people facing criminal charges would benefit from diversion programs instead of incarceration. These programs aim to give individuals the support systems and tools they need to become productive members of society. Under California Penal Code Section 1001.80, a defendant facing a misdemeanor charge may be eligible for participation in the California Veterans Diversion Program, as long as they meet certain criteria: (1) The defendant is a veteran or active-duty member of the military; (2) the defendant faces a misdemeanor charge; and (3) the defendant suffers from a service-related mental health issue.
How the Process Works
Veterans or active members of the military who have been charged with a misdemeanor offense may be eligible for the California Veterans Diversion Program if they suffer from service-related issues, such as sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or other mental health issues associated with or exacerbated by their service. The court will assess the specifics of the case and determine whether the defendant qualifies for this program. If so, the defendant may agree to participate in the pretrial diversion program. As long as they complete the program successfully, the court will drop the misdemeanor charge and arrest record (however, the record of the arrest will still be made with the United States Department of Justice, so peace officers can access it upon request).
Discuss Your Options With a Los Angeles County Attorney Today
Facing criminal charges of any kind can be stressful and overwhelming. However, you do not have to go through this experience alone. Reach out to a skilled Los Angeles County criminal defense attorney as soon as possible to discuss your case and explore your options for obtaining a favorable outcome. Your attorney will answer your questions, address your concerns, and support you through every step of the criminal justice process.
Call Wegman & Levin today at (818) 980-4000 to schedule a free consultation with an experienced Los Angeles County criminal defense attorney.
