Kern Law, APC, has represented current and former military members in San Diego County and California for over 20 years. Service in the military is very honorable. Unfortunately, that service can have lasting effects on those who serve our country. Conditions such as post-traumatic stress disorder (PTSD), substance abuse, traumatic brain injury (TBI), military sexual trauma, and other mental health challenges can sometimes contribute to criminal allegations. In response to these challenges, California created a Military Diversion Program under Penal Code § 1001.80 that allows eligible service members and veterans to receive treatment instead of facing traditional criminal prosecution.
If you are a current or former member of the military facing criminal charges in San Diego County, contact Kern Law, APC, today. Military diversion may provide an opportunity to avoid a conviction and lead to a dismissal of your case.
What Is Military Diversion in San Diego County?
Military diversion is a form of pretrial diversion that allows criminal proceedings to be suspended while the defendant participates in treatment and rehabilitation programs addressing service-related conditions. If the defendant successfully completes the program, the criminal charges will be dismissed.
Criminal proceedings are paused while treatment is completed. If the person successfully completes the treatment program, the criminal case will be dismissed.
How Long Does Military Diversion Last?
Military diversion can last up to two years. During that time, the court receives periodic progress reports regarding treatment compliance and rehabilitation efforts. If the person successfully completes all requirements, the charges are dismissed. If the person fails to comply with the treatment conditions, criminal proceedings may be reinstated.
Who Qualifies for Military Diversion?
To qualify for military diversion in San Diego County, the person charged generally must establish:
- Current or prior service in the United States military.
- A connection between the service-related condition and the alleged offense.
- A service-related condition such as PTSD, sexual trauma, substance abuse, TBI, or another mental health condition.
- The person must agree to diversion and waiver of speedy trial rights.
Military Diversion for Felony Charges
In the past, California excluded felony offenses from military diversion. Now, felony offenses are eligible for military diversion; however, certain felonies remain ineligible. Each case will require a careful legal analysis to determine eligibility.
DUI Cases and Military Diversion in San Diego County
Military diversion can be particularly valuable in DUI cases. California law specifically allows military diversion for qualifying misdemeanor DUI offenses despite the general prohibition against diversion in many DUI cases. However, felony DUI charges are generally excluded from military diversion eligibility.
Benefits of Military Diversion in San Diego County
- Avoid a criminal conviction
- Receive treatment instead of punishment
- Dismissal of charges upon successful completion of the program
- Avoid jail or prison in many cases
- Improved employment opportunities
- Protection of professional licenses
Contact Kern Law, APC, Today
If you are facing DUI charges, drug offenses, theft crimes, domestic violence allegations, or certain felony charges, military diversion may be an available option. Contact my office today for a free case evaluation: 619-200-2808