Military Diversion: What Is It? Who Is Eligible? (Penal Code 1001.80)
Military Diversion may be an option for you if you are a veteran who has been charged with a criminal offense.
Military Diversion is a program that allows veterans to participate in a rehabilitation program instead of going to jail. This program is run by the California Department of Veterans Affairs (CDVA).
In this blog post, we will discuss what Military Diversion is and who is eligible to participate. We will also discuss the Veteran’s Affairs programs that may fall under Penal Code 1001.80 and which offenses fall under Penal Code 1001.80.
Finally, we will give you an overview of the legislature’s intention in enacting this opportunity for Veterans.
What is Military Diversion? (Penal Code 1001.80)
Military Diversion is a program that allows eligible veterans to avoid jail time and complete rehabilitative services instead. The goal of the Military Diversion Program is to help veterans get their lives back on track and prevent recidivism.
How Do you Apply for Military Diversion?
You will need an experienced attorney to help you with the application process. Although the law allows Military Diversion as an option for a Veteran, the judge does not have to grant a Veteran’s diversion.
“If the court determines that a defendant charged with an applicable offense under this chapter… the court, with the consent of the defendant and a waiver of the defendant’s speedy trial right, may place the defendant in a pretrial diversion program.”
An experienced attorney will help get the appropriate medical documentation and proof and argue to the court why you should be admitted into the Military Diversion program.
Who is Eligible for Military Diversion?
In order to be eligible for Military Diversion, veterans must meet the following criteria:
Be a veteran of the United States Armed Forces, National Guard, or Reserves.
Have been diagnosed with post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), substance abuse disorder, mental health disorder, or sexual trauma.
Be currently facing charges for an applicable offense.
Have no prior convictions for a violent crime.
Agree to participate in rehabilitative services.
If you are a veteran who meets the above criteria, you may be eligible for Military Diversion.
What Services Does Military Diversion Offer?
Military Diversion offers a variety of rehabilitative services, including:
Substance abuse counseling
Mental health counseling
Job training and placement assistance
These services are designed to help veterans get their lives back on track and avoid recidivism.
What are the Terms of Military Diversion?
If you are eligible for Military Diversion, you will be placed on probation in which you must not violate any law for six months, one year, or up to 2 years.
The judge will determine the length of the diversion period.
You must also complete rehabilitative services. These services may include:
Military Diversion is an alternative to jail time to help veterans get their lives back on track. If you are a veteran who has been charged with a crime, make sure to ask your attorney if you are eligible for Military Diversion.
What Crimes Fall Under Military Diversion?
Military Diversion is available for the following offenses, which can include:
Driving Under the Influence (DUI)
You may be eligible for Military Diversion if you have been charged with any of the above crimes.
If you do not see the crime you are charged with listed above, contact an experienced attorney to see if you are eligible for Military Diversion.
What Should I Do If I’m a Veteran and I’ve Been Charged With a Crime?
If you or a loved one is a veteran charged with criminal charges in court, you need the criminal defense lawyers at ALL Trial Lawyers by your side. The attorneys at ALL Trial Lawyers are trial attorneys with years of experience.
They know the law and are not afraid to take your case to trial.
In addition, they have a strong reputation among judges and prosecutors throughout Southern California, which has delivered tremendous victories for their clients.
Our ultimate goal is to provide the best results that can be achieved in your case— whether by way of outright dismissal, a favorable plea bargain deal, or an acquittal of the charges at trial.
With ALL Trial Lawyers by your side, you can rest assured that the criminal team will be giving you their all.
Call (866) 811-4255 right now for your free consultation.
We have an office located near you. We have experience fighting cases in Orange County, Los Angeles County, San Bernardino County, Riverside County, and San Diego County.