Military Diversion in Southern California
Diversion suspends, postpones or presses the pause button on your criminal case for a certain amount of time to give you time to do certain things, like a treatment program.
If you successfully complete diversion, the criminal charges are dismissed.
You also may legally answer that you have never been arrested for or charged with the diverted offense (unless you apply for a position to become a peace officer).
California has diversion programs which apply to all misdemeanors. These can be found in Penal Code sections 1001 through 1001.95.
California Penal Code Section 1001.80 is the pretrial diversion law for Military Diversion. Military Diversion has the following elements which must be met:
- the offense is a misdemeanor,
- the defendant was, or currently is, a member of the United States military,
- the defendant may be suffering from any one of several mental health problems, and
- such mental health issue is a result of the defendant’s military service.
Examples of mental health problems include sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or other mental health problems that are the result of your military service. This is not a full list. A free and confidential consultation with The Law Office of Richard Wagner helps you with this.
If you successfully complete Military Diversion, not only is the case dismissed, the arrest on which the diversion was based is deemed to have never occurred.
Examples of recent Military Diversion cases The Law Office of Richard Wagner successfully represented:
- Long Beach DUI, BAC .15%, Branch: Marine Corp Reserves
- Santa Clarita 2nd DUI, traffic accident, BAC .18%, Branch: Marines
- Riverside DUI, traffic accident, BAC .13%, Branch: Navy
- Orange County 2nd DUI, BAC .18%, Branch: Marines
If you or someone you know has been arrested or charged with a DUI and was, or currently is, a member of the United States military, Military Diversion could be the case for you, contact The Law Office of Richard Wagner for a free confidential consultation.