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Los Angeles Military Diversion Attorney

Are you a current or former member of the military who is facing criminal charges in Los Angeles? Then call Los Angeles military diversion attorney Ambrosio Rodriguez for a free consultation. Ambrosio E. Rodriguez has over 18 years of legal experience, 13 of which were spent as a Senior Deputy District Attorney. During this time, he has seen how devastating the traditional criminal justice system can be for our veterans.

As a member of the military, you may be eligible for enrollment in a California Military Diversion program. This can significantly reduce the consequences of your arrest.

Veterans Treatment Court

Veterans Treatment Courts were designed to assist current and former members of the military who display PTSD and/or addictive behaviors. These special courts target the “root cause” of a servicemember’s criminal behavior and attempt to treat that underlying cause in a series of tailored rehabilitative programs. The Los Angeles Veteran’s Treatment Court has a very limited jurisdiction, and will only hear cases under very narrow circumstances. In order to be eligible for the Veteran’s Treatment Court you must:

1. Serve or have served in the United States Military;
2. Plead guilty in a criminal case;
3. Suffer from Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), Military Sexual Trauma, (MST), substance abuse, or another mental health disorder; and
4. Agree to participate in a 15-18 month treatment program.

If you believe that you may be eligible for the Los Angeles Veterans Treatment Court, contact The Rodriguez Law Group Los Angeles Criminal Defense Attorneys today.

Military Diversion Program

In 2015, the state of California implemented a Military Diversion program to assist veterans who have been charged with a crime. Successful enrollment and completion of this Military Diversion program can help servicemembers and veterans avoid a criminal conviction. In order to be accepted into the Military Diversion program you must be able to prove that you are both eligible and suitable.

Who is Eligible for the Military Diversion Program?

In order to be eligible for the Military Diversion program, as presented in California Penal Code 1001.80 PC, you must:

1. Be a current or former member of the military;
2. Be charged with a misdemeanor offense or wobbler in California;
3. Suffer from Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), Military Sexual Trauma, (MST), substance abuse, or another mental health disorder; and
4. Have not been granted Military Diversion in the past.

The Military Diversion program is an option for any misdemeanor offense, including driving under the influence (DUI). This is incredibly important for members of the military who are suffering from serious mental health conditions. These conditions often result in substance abuse problems and related criminal behavior. The Military Diversion program can help to treat these veterans and members of the military.

Who is Suitable for the Military Diversion Program?

Suitability is a little bit different from eligibility. Rather than checking off boxes, you must be able to show the court that you will be successful in the program. This can include explaining why you should be granted diversion and how you plan to complete the program. Many times, details about your active-duty military deployment and the difficulties you have had since returning to civilian life are sufficient to prove suitability.

What are the Requirements for Completing the Military Diversion Program?

Once the court has granted diversion, you will be placed in treatment programs designed to specifically target your underlying mental health conditions. You do have the option, during your Military Diversion hearing, to present a treatment plan that has been formulated specifically for you by your current treatment providers. While you complete your diversion treatment program you (and/or your attorney) will be required to submit progress reports to update the court on your progress.

Once you have satisfactorily completed your diversion program the court will dismiss the charges against you. At this time, the record of your arrest will be sealed, meaning that you can walk away from this incident without a record of your criminal conduct. This is an incredibly important result for your future.

What Happens If My Petition for Military Diversion is Denied?

If your petition for Military Diversion is denied your case will proceed in the traditional criminal justice system. This means that you will be vulnerable to the criminal penalties that are associated with your criminal act. Many times, civilian judges do have the authority and discretion to impose alternative sentencing options. These can help to reduce the harshness of a criminal sentence.

Los Angeles Military Diversion Attorney

Are you a current or former member of the military facing criminal charges in Los Angeles? Call The Rodriguez Law Group Los Angeles Criminal Defense Attorneys today at (213) 995-6767 for immediate assistance with your criminal case. We will review your case and, if you are eligible, we will petition to have your case transferred to a Veterans Treatment Court or Military Diversion program. Early intervention in your case is essential to a positive outcome, so do not hesitate to contact us today.