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Military DUI Diversion Program

The San Diego Court, in collaboration with the office’s of the District Attorney in San Diego County, and the City Attorney and the public defender's office, has compiled the following information with regards to military diversion pursuant to and hereby known as a Military Diversion Program. This information is a guide as to the best practices only and this should not be construed as nor should it represent strict rules or guidelines with entering into the program. If you believe that you may be a candidate or wish to consider the program please consult with your attorney who are specially trained at The San Diego DUI Law Firm.

Criteria for eligibility

1. The defendant in the case is charged with a misdemeanor or combination of charges that are misdemeanors only.

2. The defendant is currently serving in or has formerly served as a member of the United States military.

3. The defendant must be currently suffering from or have a condition that exists of a traumatic brain injury, sexual trauma, PTSD (post-traumatic stress disorder), substance abuse involving alcohol or drugs, or a mental health problem that was a result of his or her military involvement.

4. The defendant must waive his or her right to a speedy trial and must give permission and consent to be placed on a military diversion program.

5. The defendant has not previously been granted or gone through a prior military diversion type program for any type of other case.

Exclusionary Conditions

1. If the defendant has a prior conviction for the same or a similar offence then the person may be better served by a post-conviction referral to the Veteran's Treatment Court which is located in Department 16 of the Central Division of the San Diego County Superior Court, as opposed to being granted permission to enter into a military diversion program. The Veteran's Treatment Court can provide a higher level of structure and supervision for those participants who qualify for the program. This program would also potentially earn a dismissal of the criminal conviction.

2. Multiple acceptances into a military diversion for the same defendant may prevent that person from seeking the higher level of treatment that would be available to them in the veteran's treatment court. As a result, military diversion may only be granted on a one-time basis.

Process of Admission

1. The San Diego DUI Attorneys Law Firm would file a request for Military Diversion; Advisal and Waiver of Rights (SDSC form CRM-284) also referred to hereafter as request for Military Diversion, at the earliest possible time prior to the adjudication of the case.

2. Upon receipt of the military diversion request filed by the San Diego DUI Attorney Law Firm, the court will then vacate any future court dates that were previously set on the defendant's matter and set the case for a hearing on the military diversion calendar. A copy of the request to enter into the military diversion program will also be sent by the court to the prosecuting agency with a notice of the new court date set on the military diversion calendar.

3. At least 15 calendar days prior to the military diversion hearing date, the lawyers at San Diego DUI Attorney Law Firm must file and serve on the prosecution a motion for military division, this motion must also include all of the alleged factual basis that the firm feels the defendant is eligible for the military diversion program. The law firm will include all supporting documentation, for example, proof of military service and an evaluation and assessment of the defendant's condition by a mental health or other appropriate professional. The Firm will also develop a proposed treatment plan from an appropriate mental health provider with a recommendation within the provider's assessment. Any opposition or response to the motion from the prosecutor must be filed and served back upon the defense counsel's at least five calendar days before the hearing on the military division calendar.

4. If the court rules and finds that the defendant is not eligible for the military diversion program or that the military diversion program is not suitable or appropriate, the request for the diversion will be denied, and any previous vacated court dates will be reset and the case will continue back on the case calendar.

5. If at the hearing the court rules that the defendant is eligible and meets the requirements for the military diversion program and that a grant of the military diversion program is appropriate, then the court will grant military diversion for a period of not more than 2 years and postponed temporarily the criminal proceedings for that time. The court will then impose certain conditions of the military diversion program, for example treatment programs and will also schedule review hearings that will be set to show proof that the defendant has enrolled and complied with the diversion program. The court will also set a date in the future upon which the case will be dismissed and adjudicated successfully if the defendant completes the entire diversion program.

Examples of conditions of Military Diversion

1. Twelve to twenty four months of an approved treatment program.

2. Form JC CR-160 for the entire time of the program for cases involving domestic violence.

3. A fifty-two week Family Recovery Program through the regional Veterans Center (San Diego exclusive) or a certified DV Recovery Program.

4. MADD classes (if charge was for DUI) and First Conviction Program.

5. Random testing for the presence of alcohol and/or drugs by an approved treatment facility.

6. Completion of a drug and/or alcohol treatment center and an assessment by an approved evaluator along with a treatment plan.

7. A written treatment evaluation report from a care or treatment provider and must be completed every 90 days.

Successful Completion

1. If the defendant successfully completes the military diversion program then the court will dismiss all of the criminal charges in the case.

2. The arrest will be deemed to have never occurred, with the exception of the following: the Department of Justice will be notified as to the disposition of the case, and the arrest upon which the diversion was based may also be disclosed by the Department of Justice in response to an application or request to become a peace officer, and the defendant is still obligated to disclose the arrest if he or she is responding to a direct question contained in a questionnaire or application for the position of becoming a law enforcement or peace officer as defined in Penal Code 830.

Unsuccessful Completion

If the defendant is underperforming or not performing to the satisfaction of the Military Diversion Court then the court may file a motion to dismiss the defendant from the military diversion program. If the court deems the defendant is not benefiting from the treatment then the court can dismiss the diversion program and reinstate all criminal charges and place the case back on the criminal calendar. The charges will then proceed against the defendant.

If you feel that you may be a candidate for the Military Diversion Program you need to call the San Diego Attorneys Law Firm immediately for a free no obligation case evaluation. This program is still considered relatively new and the lawyers at San Diego DUI Attorney Law Firm are specially trained in getting you the best results and outcome in your case. We will leverage every legal defense to get you the best results. Call today.

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