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If you or a loved one is a veteran and have been arrested or are in court for some reason you have certain rights.  There have been changes in the law to help veterans that have become involved in the legal stystem to in some cases clear there record and in other cases to have cases reduced to Misdemeanors.  

The article below is not meant to be legal advice for your individual case. 

 

If you have questions after reading this article please give us a call at 559 441-1418. 

 

PURPOSE OF VETERANS COURT

Veterans treatment court is meant to help veterans target the root cause of the criminal behavior.  And to resolve the cases through different treatment options.  

The Veterans meet with treatment providers and others involved in the court system to make sure the root causes of the there behavior whether it bee substance of mental health problems are being addressed.   

 

WHAT ARE THE REQUIREMENTS FOR VETERANS COURT?

Have served in the military

Pled guilty in a criminal case

Be experiencing post traumatic stress disorder

Brain Injury 

substance abuse or other disorders

So the sequence would be that you have served in the military.  You have a current criminal case, and you are experiencing post traumatic stress traumatic brain injury or several other problems and are willing to enter into a plea of guilty and to proceed with the military court program. 

 

WHAT HAPPENS AFTER I ENTER THE PROGRAM?

The answer depends on several factors but in general if you offense is a misdemeanor you can enter the program and after you have completed all of the requirements then your case can be dismissed and the records expunged. 

If your case is a felony and you complete the program the case can be reduced to a Misdemeanor and in some cases even expunged.  

 

HOW LONG IS THE PROGRAM?

The program is 18 months long and has several steps to the program including showing up in court and abiding by court orders to seek treatment meet with mental health professionals and cooperate with the court.  The court process has several stages.  And you can only go on once you have completed the earlier stages.  

 

As you can see this can be a long involved process that can be very difficult to navigate without the help of an experienced Attorney.  As a Veteran myself I love helping other Veterans especially onces that are struggling in the community after service to there country and have helped hundreds of veterans in the courts around California.  

It is important that after you have been arrested to gather  your documentation of military service and any issues you have been having since exiting active duty or National Guard service.   To be placed in the program you must provide documentation of both your service and any difficulties that you have been having since leaving the service.  Then you msut contact an Attorney and get that documentation to them as soon as possible. 

Then the underlying case must be dealt with including entering any pleas that are needed to enter the program and your case handled through the veterans court.  

 

If youre case is otherwise handled through a different diversion program than you may not need to enter into the Veterans court program.  This is why you need an experienced Attorney to go through any and all your different options before you enter a plea or enter into a prgram.  If you have any questions give us a call at 559 441-1418.  We can help you get through this and go through some of your different options that are avaialibel to you.  give us a call if you have quetions. 

 

 

 

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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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