Military diversion is a chance for you to work to have your case dismissed. To get it dismissed, you must complete any court orders. If you are not eligible for military diversion, you can talk to your attorney to see if you might be eligible for a different program like judicial diversion, drug diversion, or mental health diversion.
Once the court decides that you are eligible for military diversion, you will need to waive your speedy trial rights. Basically, the court puts a pause on your criminal case to give you time to complete diversion. It can take a year or two before your case gets dismissed. If you do everything your suppose to do, the court dismisses your case! If you do not successfully complete the program, the court will “un-pause” your case. At this point, and you and your attorney could fight the case through trial or resolve it through a negotiated plea agreement.
Are you eligible for Military Diversion?
Under California Penal Code 1001.80, you are eligible for Military Diversion if you are facing a misdemeanor offense and:
- You were, or currently are, a member of the United States military; AND
- You may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of your military service.
Are you a good fit for Military Diversion?
If you are eligible, the court may place you in the program. However, the court also needs to decide if the program is right for you. For example, the court may find that you are not a good fit, because you’ve already been through a diversion program before.
I’ve been admitted, now what?
If the court approves Military Diversion, you’ll have to agree to waive your rights to a speedy trial. This will give you time to complete anything the court orders. Usually, the court will connect you with Veteran Affairs. They’ll work with you and the court to figure out the right programs and resources to help you.
Once you’ve been placed in Military Diversion, the court will have regular court dates to check how you are doing. They want to make sure you are doing well with your treatment. If you successfully complete diversion, you graduate. At your graduation, the court will dismiss your charges, and seal and destroy your arrest record (with some exceptions).