What are the requirements to qualify for and request a military or veterans' diversion program in a California criminal case?

To qualify for military diversion, you must be a current or former U.S. military member suffering from a service-related condition, like PTSD or TBI, that contributed to the alleged crime. You must then formally petition the court to place you in a treatment program instead of prosecuting you. Here are the steps to request military diversion: Step 1: Confirm Your Eligibility You must be a current or former member of the U.S. military. You also need to show the court you may be suffering from traumatic brain injury (TBI), post-traumatic stress disorder (PTSD), military sexual trauma, substance abuse, or other mental health problems as a result of your service. Step 2: Collect Essential Documents Gather your military service records, especially your Certificate of Release or Discharge from Active Duty (DD-214). You will also need medical or psychological evaluations that diagnose your condition and connect it to your military service. Your attorney can help arrange these crucial assessments. Step 3: File a Formal Request for Diversion Your attorney must file a motion with the court asking for military diversion under Penal Code 1001.80. This request should be made as early as possible, ideally at or before your arraignment. The motion explains to the judge why you are a suitable candidate and includes your supporting documents. Step 4: Attend the Diversion Hearing The judge will hold a hearing to decide on your request. Your attorney will present your evidence and argue that your service-related condition was a factor in the offense. The judge makes the final decision on whether you are suitable for the program. Step 5: Complete the Diversion Program If granted, you must successfully complete all requirements of the treatment program. This can last up to two years and often includes therapy, classes, and regular court check-ins. Upon successful completion, the court will dismiss your criminal charges. Important details and nuances: Military diversion is available for most misdemeanor offenses. For domestic violence charges, specific requirements under Penal Code 1001.81 apply. The court, not the prosecutor, has the final authority to grant diversion. Warnings and limitations: Diversion is not automatic; it is granted at the judge's discretion. If you fail to complete the program, the court will restart the criminal case against you. Certain serious felony offenses are not eligible for this program. This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California attorney who has experience with military diversion cases.