San Diego is home to a large military community, from active duty sailors and Marines to veterans who settled here after service. Many service members and veterans carry the effects of their service quietly, until something goes wrong. California's military diversion law gives the court a way to respond with treatment instead of a conviction.
Marcus E. DeBose has defended San Diego clients since 2001. He takes the time to understand your service, what happened and why, and then tells that story to the prosecutor and the judge.
What is military diversion?
Penal Code section 1001.80 allows a court to grant pretrial diversion to a current or former member of the United States military who is charged with a misdemeanor and who may be suffering from a condition connected to their service. Instead of the case moving toward a conviction, the court can place you in a program, often focused on treatment.
If you complete the program successfully, the charges are dismissed. In general, the arrest is then treated as if it never occurred, with some exceptions.
Who may qualify
Eligibility is decided by the court. In general, you may qualify if:
- You are a current or former member of the United States military
- You are charged with a misdemeanor
- 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 service
The law can apply to active duty members, reservists and veterans. Whether your specific charge qualifies depends on the facts, so ask Marcus whether your charge qualifies.
Why it matters for your career
For a service member, a criminal conviction can affect much more than the case itself. It may raise questions about clearances, assignments or a future civilian career. A dismissal through diversion can help protect what you have worked for.
Military matters and civilian court cases can also overlap. Marcus can help you understand how the civilian case may move forward and what steps protect your record.
Building a strong request
A request for military diversion is stronger when it clearly shows the connection between your service and what happened. That can include service records, treatment history, and information from people who know you. Marcus works with you to gather that information and present it to the court.
Raise it early. Diversion is generally requested before the case is resolved. If you served, tell your attorney at the start. Call Marcus at (619) 876-0992.
Other ways to protect your record
If diversion is not available, there may still be other options, such as reduced charges or later clearing your record. See misdemeanor defense and record sealing and expungement.
Talk to Marcus
If you are a current or former service member facing a charge in San Diego County or southwest Riverside County, book a free consultation. Meet Marcus at the Mission Valley office, or talk by phone or Zoom. Hablamos español.