What is Veteran’s Diversion and am I Eligible?

In 2014, the California Legislature passed a bill which created a military diversion program for current and former U.S. military personnel who have been charged with a misdemeanor offense. In essence, the program would allow our U.S. military personnel to participate in a diversion program in exchange for the dismissal of their case.

Accordingly, California Penal Code §1001.80 sets forth in pertinent part:

“Whenever a case is before a court on an accusatory pleading alleging the commission of a misdemeanor offense, and both of the following apply to the defendant:

(1) The defendant was or currently is, a member of the United States military; and

(2) The defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse or mental health problems as a result of his or her military service.

Then the court may, with the consent of the defendant and waiver of the defendant’s speedy trial right, place the defendant in a pretrial diversion program.”

As such, if you are current and former US military personnel, than your matter could be dismissed based upon participation in a diversion program pursuant to Penal Code §1001.80.

To read Penal Code §1001.80 in its entirety, click below.

http://law.justia.com/codes/california/2014/code-pen/part-2/title-1/title-6/chapter-2.9c/section-1001.80