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If you have been charged with a misdemeanor offense and you are a veteran you have certain rights that may be afforded you.  One of those rights is to be treated in the military diversion program.  Penal Code section 1001.80.

WHAT ARE THE REQUIREMENTS FOR MILITARY DIVERSION  PROGRAM

A defendant who is charged with any misdemeanor offense and who satisfies the admission criteria, may be placed on diversion prior to adjudication.  A defendant is eligible if 1) he or she was or currently is a member of the United States Armed Military 2) The defendant may be suffering from mental health problems and other trauma including PTSD, and 3) the trauma resulted from military service, unlike Penal Code section 1170.9 , there is no formal eligibility requirement that the offense conduct resulted from the military service trauma, though such showing would be influential to the court in deciding whether a veteran should be diverted.    The Judge will decide if there is an appropriate and available treatment program, and if diversion is appropriate in the interest of justice. 

the court will suspend criminal proceedings during the completion of the diversion program.

Within two years of the grant of diversion, upon motion by the defendant demonstrating satisfactory  completion of the diversion program the judge will dismiss the criminal charge.  Additionally the arrest upon which the diversion was based shall be deemed to have never occured, with the exception being the application to be a peace officer, in other words if you are applying to be a peace officer in any capacity you must still disclose the arrest.  If you have been arrested or are charged with a misdemeanor offense and you are a veteran you should contact an Attorney immediately to asses  your rights.

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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