Military Diversion Granted

Military Diversion Granted

I helped another deserving Military Veteran get treatment for PTSD, as opposed to a conviction and extensive Jail sentence.

I was recently retained by a Navy Veteran who saw action in 3 overseas deployments to battle ground areas.  Honorably discharged, he suffers from Post Traumatic Stress Disorder (PTSD) and substance abuse issues as a result of his military service and had been having a difficulties since his return.  He picked up a relatively minor misdemeanor charge but also a probation violation issue based on another conviction from a year earlier.  He also had other misdemeanor convictions prior to that, all related to his service connected PTSD and substance abuse issues.   He tried to resolve this current case prior to hiring me, and was offered 180 days jail and other penalties for a guilty plea.

Once retained, I filed a motion based on a 2015 enacted military diversion statute which with the help of the V.A. treats the PTSD and substance abuse issues as opposed to incarceration and criminal convictions.  My client has been getting regular and consistent treatment from the Department of Veterans Affairs (V.A.) for PTSD and substance abuse issues.

Happy to say the diversion motion was granted avoiding jail time and a conviction altogether (assuming he has no other criminal issues in the near future).  I am confident that a jail sentence on this case would have created additional PTSD and substance abuse issues, making matters worse all around, not better.

The military diversion statute, expanding on a previous military related statute already in place, is one of the best (fairly) recently enacted statutes to come into effect, and was a long time coming.  It is my understanding that other states have statutes in place similar to California to benefit our military, both active and veterans, but many are unaware they exist.

As everyone knows, the men and women who serve our Country often do so at a great risk to their health and lives.  We all benefit from their service, and we all know that.  My client is very grateful and appreciative for the help I provided, but not as grateful as I am for the service he provided to us all.

If you are active military or a military veteran and have a pending criminal charge in California feel free to contact me to discuss your situation as well as possible diversion options to potentially avoid a conviction and help get you back on the right path.

I can be reached at 818-336-1384 for a free consultation.

Phil Hache, Criminal and DUI defense attorney