Help for Veterans with PTSD Who Are Accused of Crimes
If you have PTSD or if you’re a veteran or an active serviceperson, there are some perks when it comes to crime fighting and the criminal justice system. Due to the effects of PTSD from combat trauma, some veterans are more prone to criminal conduct than other citizens, and this fact affects the handling of their cases. In California, if a person is involved in a case and has trauma, they can be eligible for the “Military Diversion” under the Penal Code 1001. 80, a pretrial diversion program where defendants can be placed if they are eligible for treatment instead of serving their jail sentence for the misdemeanor crime committed.
This program allows judges to temporarily place the defendant’s criminal cases on hold if the defendant needs to seek treatment for PTSD, sexual trauma, or substance use disorder. Some of these conditions lead many veterans to be charged with crimes, but through military diversion, they are provided a chance to have the charges dropped. The program’s successful completion results in the dismissal of the charges, and thus, the arrest is wiped clean from the person’s record. This can prove especially helpful for veterans searching for jobs with background check requirements but lacking a criminal record. The offender must be a veteran or an active military person whose duty resulted in the crime that led to the diversion.
Under Penal Code 1001.80, military diversion is available for defendants charged with certain California misdemeanors, such as DUI, drug possession, public intoxication, disturbing the peace, assault, and battery. This list isn’t exhaustive, as courts recognize veterans often face unique issues that may qualify them for diversion.
Veteran’s Court in California and Veterans Treatment Courts
Veterans in California have access to specialized legal avenues, such as Veteran’s Court, which offers alternative ways to address felony charges. California’s Los Angeles County and some other counties operate Veteran’s Courts designed specifically to help veterans who are struggling with issues like PTSD, traumatic brain injuries (TBI), and substance abuse. These courts aim to assist veterans in reintegrating into society by providing tailored support rather than focusing solely on punishment.
If a veteran is charged with certain crimes, their case can potentially be transferred to Veteran’s Court. This specialized court collaborates closely with the Veterans Administration (VA) to ensure that the defendant receives access to necessary programs and services, such as counseling, rehabilitation, and other forms of treatment. Throughout the legal process, the court supervises the veteran’s progress, expecting them to regularly appear in court to demonstrate their involvement in treatment programs. Should the defendant fail to meet these requirements, the judge can impose a sentence based on the original felony charge. Typically, the Veteran’s Court handles cases involving low-level, non-violent felonies and generally excludes individuals with prior “strike” offenses, though exceptions exist. Successful program completion can lead to the dismissal of criminal charges, effectively clearing the veteran’s record.
Similarly, Veteran’s Treatment Courts offer an alternative legal path for veterans facing civilian charges. These courts are structured to be less intimidating than traditional courts, with judges who are more empathetic toward veterans’ unique challenges. Judges in Veterans Treatment Courts often work closely with VA representatives to better understand the veteran’s circumstances and guide them in accessing benefits that can help prevent future offenses. These courts emphasize treatment and rehabilitation over punishment, allowing charges to be dismissed upon completing the prescribed programs. However, Veterans Treatment Courts typically exclude more serious crimes, such as sex offenses, violent crimes, and severe felonies.
PTSD is a common condition among veterans and can play a crucial role in their defense. If a veteran can demonstrate that their PTSD influenced their actions, it may result in a more lenient plea bargain or be used as a defense during trial. In cases where a veteran is convicted, they may appeal the sentence if their condition was not properly considered, arguing ineffective assistance of counsel or seeking placement in facilities that offer appropriate treatment.
For veterans who are incarcerated, the VA and the Department of Labor offer transitional programs to help them reintegrate into society upon release. These programs assist veterans in securing housing, employment, and counseling, providing them with the support needed to rebuild their lives after incarceration.
By understanding and utilizing these specialized courts and programs, veterans can receive the help they need to overcome legal challenges and move forward.
Attorneys Will Help You
If you are a veteran or active military member facing criminal charges, seeking the right support is crucial. Contact a criminal defense attorney who comprehends the unique challenges veterans encounter. They can help secure the treatment and legal defense you need.
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