California Military Diversion Program

What Is Military Diversion?

Serving in the military is an enormous responsibility and honor that comes with much sacrifice. It can bring moments of pride and accomplishment but also threats of danger and stress. Understandably, it can take a toll on one’s mental health—potentially leading to problems like substance abuse disorders or other issues that could result in a misdemeanor criminal offense. 

If you are a service member charged with a misdemeanor in California, our team at Law Office of John W. Noonan is here to tell you that you have options. There may be help available through the Military Diversion Program (MDP). This program provides veterans and military members who received a misdemeanor charge with an opportunity to receive treatment services instead of having to face time in jail while also keeping their record clear, so they can get back to living life. 

If you have recently been charged with a misdemeanor and are curious about whether you qualify for a military diversion program, call our experienced legal team at (925) 886-4281. We start with a free consultation to better understand your situation. 

Who Is Eligible for a Military Diversion Program?

This program is not for everyone. To qualify, a person must be either an active member of the United States military or a veteran, and has undergone trauma during their time in the military. This trauma can manifest as post-traumatic stress disorder, substance abuse disorder, TBI, or other mental health challenges. 

MDPs are also only eligible for those who are charged with a misdemeanor, and an experienced defense attorney can show that the crime was committed as a result of the trauma obtained during military service. Misdemeanor offenses that the court will consider eligible for a MDP include: DUI, disturbing the peace, drug possession, petty theft, and domestic violence. 

Penal Codes Associated with the Military Diversion Program

• 1001.80: This code applies to a pretrial diversion program where the defendant waives the right to a speedy trial to utilize treatment programs and existing resources to address mental health problems as a result of military service. 
• 1170.9: This code covers post-conviction diversion programs, where if a service member committed an offense as a result of trauma stemming from military service and is eligible for probation, the court may order the defendant to participate in a treatment program.

Our California defense attorney will listen to your unique situation and help you determine if you qualify for a military diversion program. 

Can a Military Diversion Program Be Terminated?

In short, yes. The agency leading your program can file a progress report with the prosecution if they are not satisfied with your progress. This could result in a court decision to terminate your program if they find that treatment hasn’t been useful or that your conduct isn’t acceptable. If this happens, the time spent in the program is null and void, and proceedings will resume as if you never participated in the program. 

Benefits of Participating in a Military Diversion Program

Going through the California legal system can be a confusing and overwhelming prospect for many, and no one wants to end up in jail as a result of a misdemeanor offense. Thankfully, these military diversion programs can offer service members multiple benefits, including:

• Mental health treatment and counseling 
• No jail time 
• A clean criminal record

At Law Office of John W. Noonan, we care deeply for our military service members and want to help those accused of a crime receive the support they deserve. We can evaluate your case and walk you through your options, so you can make the most informed decision possible.

For a free consultation, call us at (925) 886-4281 or fill out our online contact form.