Military Diversion in California

Los Angeles Criminal Defense Attorney

Military Diversion, established in January 2016, is a pretrial program for current or former members of any branch of the United States Military charged with misdemeanor crimes.  It is also known as the Veteran's Diversion.  California Penal Code section 1001.80 establishes a pretrial diversion education program for those who are arrested for nonviolent misdemeanor offenses, including Driving Under the Influence.  NOTE:  At the time of the writing of this article, Military Diversion is the only kind of statutory diversion that can be granted in DUI cases.

What diversion means is that instead of being convicted of a crime and placed on probation or sentenced to jail, a person on diversion will have their case put on hold while they perform certain specified conditions.  Other kinds of diversion include Mental Health Diversion, Judicial Diversion, and Drug Diversion (PC 1000).  The point of these programs is to use positive reinforcement to get individuals charged with crimes to comply with conditions in exchange for avoiding a criminal conviction.  In the case of Mental Health Diversion, for example, a defendant will agree to undergo mental health treatment in lieu of punishment. 

Military diversion is a special type of “pretrial diversion program.”  It is available as a way to avoid a criminal conviction, and as an alternative to jail time in a California misdemeanor offense case against veterans or active members of the military. 
In a broader sense, Military diversion is a form of pretrial diversion which allows a judge to postpone criminal proceedings for misdemeanor crimes while the defendant obtains treatment for, namely-
• Post-traumatic stress disorder(“PTSD”),
• Sexual trauma,
• Traumatic brain injury (“TBI”),
• Substance abuse, or
• Mental health problems.

The Military Diversion program is a maximum of two years long.  Therefore, in order to participate, the defendant must give up their right to a speedy trial.  During the period of the diversion, the defendant will have regular court dates where the Veterans Court judge is informed of the defendant’s progress in the program
Upon successful completion of a military diversion program, the charges against the defendant will be dismissed. The arrest will be deemed never to have occurred for most purposes. If asked about his or her criminal record in an interview for any job (other than peace officer), the defendant will not need to disclose the arrest or diversion. 

No record of the arrest or diversion may then be used, without the defendant’s consent, in any way that could result in the denial of any employment, benefit, license, or certificate. The defendant can truthfully indicate in response to a question concerning his or her prior criminal record that he or she was not arrested or diverted for the offense.
This law reflects the legislature's recognition of the toll that military service takes on individuals, and seeks to address nonviolent criminal conduct in a more constructive way.  Diversion may be available on other grounds as well, but military diversion seeks to address issues unique to those who endure military service and to repay the men and women who put their lives on the line for military service.

California courts have other programs for Veterans as well, most commonly called "Veteran's Court."  The purpose of Veterans Court is to allow active-duty or former members of the United States Military the opportunity to avoid the consequences of a criminal conviction by participating in treatment to address trauma and mental health issues resulting from their service. The theory behind Veterans Court is that treatment and support systems are more effective at preventing further criminal behavior than punishment.

If you or a loved one has been arrested or charged with a crime, contact the Law Offices of Nicholas Loncar today for a FREE CONSULTATION with Los Angeles Criminal Defense Attorney.  213-375-3775.

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Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
Department of Mental Health (DMH)
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule