California’s Military Diversion Law—What It Means for Veterans
California is known for being at the forefront of criminal justice reform, and they continue to build on that reputation with their recent changes to their military diversion program. A recent court decision has changed how easy it is for veterans to seek diversion for criminal charges. If you’re facing criminal charges, it’s crucial to explore diversion options with the help of a California criminal defense attorney.
At Milligan, Beswick, Levine & Knox LLP, we know how hard it can be to recover from one lapse in judgment—which is why we help so many clients navigate diversion options and other defense options. As a Certified Specialist in Criminal Law, attorney Stephen P. Levine has built his reputation as a strong litigator over more than four decades as a criminal defense lawyer. Learn more about how our established criminal defense law firm can help you move forward. Call us at 909-894-0812 to set up a consultation now.
What is Military Diversion?
Military diversion is a court-supervised program that’s intended for veterans who are facing criminal charges. Rather than requiring veterans to go through the standard process, veterans eligible for diversion can enter treatment programs that address their service-related conditions. These include PTSD, traumatic brain injuries, substance abuse, and other struggles caused by their military service.
There are significant benefits associated with diversion, which is why criminal defense attorneys often push for it. If a veteran can keep charges from turning into a conviction, they can keep their record clean. This ensures that their current situation doesn’t affect their career, where they can live, and the stigma of a conviction. Additionally, being able to focus on their service-related diagnoses can help them improve their mental health moving forward.
“Reasonable Possibility” as a Standard
Why is the new California ruling so relevant? It clarified that the law permitting military service diversion does not require the accused person to prove a link between their service-related health issue and their misdemeanor charges. They only need to demonstrate a reasonable possibility that they are suffering from the disorder in question. In their opinion, the justices wrote that the verbiage of the statute was intended to impose a lower burden of proof. The goal, then, was to make it less burdensome for a veteran or current member of the military to qualify for pretrial military diversion.
This hearing came after a veteran was charged with driving under the influence of alcohol. He requested pretrial military diversion, asserting that he suffered from an alcohol abuse disorder from his time in the military. The court denied the request, indicating that the disorder predated his service and therefore was not related to the arrest. However, when the veteran appealed the decision, the court determined that the trial court committed a “legal error” in attempting to require that connection.
Why This Matters
This decision matters because it offers veterans facing criminal charges significantly more leniency than previously believed. For veterans, it lowers the barrier to entry for pretrial diversion programs, making it easier for more service members to focus on treatment and avoid conviction. Criminal defense law firms are likely to use this as an opportunity to advocate for more of their veteran clients to seek relief through pretrial diversion.
For prosecutors, this decision makes it much harder to oppose diversion—even in cases where the connection between military service and offense is limited. Courts will likely see an uptick in diversion cases, resulting in additional oversight and compliance tracking requirements.
Expanding Beyond Misdemeanors
In addition to this significant court decision, California also recently expanded its pretrial diversion program to include most felony crimes. The requirements are higher; the veteran’s condition must be a significant factor in the commission of the felony offense. The court can utilize a wide range of evidence to determine whether or not this requirement is met, including police reports, witness statements, medical records, and preliminary hearing transcripts.
Explore Your Options Now
If you’re a veteran facing criminal charges, you have legal options under California state law. Let our team of criminal defense lawyers help you plan your next steps and advocate for you. Schedule your consultation with Milligan, Beswick, Levine & Knox now by calling us at 909-894-0812 or contacting us online.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.