The Power of Military Diversion: A Second Chance for Veterans with Kolacia Law

military diversion

Legal troubles can be daunting, especially when they come with the risk of criminal records that can mar your future.

But what if you’re a military veteran or currently serving, and your issues have roots in the challenges you faced while serving your country?

Enter the military diversion program under California Penal Code 1001.80—a glimmer of hope and a second chance for our esteemed veterans and active-duty personnel. At Kolacia Law, your criminal defense champions in Rancho Cucamonga, we’re here to help you understand how this extraordinary program works.

What is Military Diversion?

Military diversion allows a judge to halt criminal proceedings temporarily for eligible misdemeanor charges against veterans or active-duty military personnel. Instead of heading straight into the legal grind, the individual receives appropriate treatment for conditions resulting from military service, such as trauma. The aim? Rehabilitation rather than punishment.

A Real-life Success Story

Just recently, Kolacia Law had the honor of witnessing a client graduate from Veterans Court. He had benefited from the military diversion program, as allowed by the California penal code. It was a landmark day not just for him but also for us, reaffirming the value of legal mechanisms that prioritize healing over punitive action.

Who is Eligible for Military Diversion?

Not everyone can take advantage of military diversion; there are specific criteria to be met. To be considered eligible, you must be:

  • A veteran or a current member of the U.S. military.
  • Suffering from a condition, such as PTSD or substance abuse, that is a direct result of your military service.
  • Charged with an eligible misdemeanor offense.

The Benefits: What Happens After?

Successfully completing the military diversion program yields significant benefits. First and foremost, your criminal charges are dismissed. This means no criminal record hanging over your future endeavors. Moreover, the arrest itself is sealed, making it as if the arrest never happened in the first place.

How Kolacia Law Can Assist You

Navigating the military diversion program requires precise knowledge of the legal landscape. We guide you through:

  1. Eligibility Assessment: We’ll thoroughly evaluate your case to determine if military diversion is the right route for you.
  2. Application Process: If eligible, we’ll handle all the necessary paperwork and advocate for you in court.
  3. Treatment Coordination: We’ll work with authorities to ensure you get the treatment you need.
  4. Follow-Through: Our job isn’t over until your charges are dismissed, and your record is clean.

A Program Worth Celebrating

Military diversion isn’t just a legal loophole. It’s a well-thought-out program that recognizes the unique challenges our veterans and active-duty personnel face. It understands that sometimes, individuals need support and treatment, not punishment.

As defenders of your rights and advocates for justice, we couldn’t be more supportive of this life-changing program. We believe in giving our military men and women the second chance they rightfully deserve.

So if you’re in Rancho Cucamonga or the greater Southern California area and find yourself in a legal predicament, remember, our criminal defense attorney is always just a phone call away.

Consequences of Failing to Complete Diversion

It is very important for defendants to complete their military diversion program under Penal Code 1001.80. If they fail to finish the program, the court may terminate diversion and resume criminal proceedings on the original misdemeanor charges.

Potential consequences of failing to complete diversion include:

  • The DUI charges are reinstated.
  • Entry of a guilty or no contest plea to the misdemeanor.
  • Imposition of misdemeanor penalties like fines, fees, classes, and possible jail time.
  • A misdemeanor conviction on the defendant’s criminal record.
  • Possible impact on the defendant’s military service and benefits.
  • Loss of future eligibility for the military diversion program.
  • Difficulty finding employment or housing with a conviction.

That’s why it’s critical for defendants to comply with all requirements of their treatment program and regularly appear at progress hearings. Successful completion results in huge benefits, while failure to finish can be devastating.

Closing Thoughts: Consulting An Attorney About Military Diversion

Life’s troubles don’t discriminate, and sometimes, even our heroes need a helping hand. Military diversion is one such powerful aid for those who’ve served in the military. With the right legal assistance, this program can be your ticket to a fresh start. Reach out to Kolacia Law, where we combine expertise, commitment, and an unwavering focus on your rights for the criminal defense counsel you deserve.

Interested in learning more? Contact us today for a consultation, and let us guide you through the complexities of the military diversion program.

Frequently Asked Questions

Would conditions like post-traumatic stress disorder or traumatic brain injury allow a veteran to be eligible for military diversion?

Under California’s military diversion program, conditions stemming from military service in the United States military, like post-traumatic stress disorder, traumatic brain injury, substance abuse, depression, anxiety, and military sexual trauma, may make a veteran or service member eligible for the pretrial diversion program for a California misdemeanor.

What are the benefits of completing the military diversion program instead of a conviction for a California DUI?

The benefits of completing military diversion under Penal Code 1001.80 versus a California DUI conviction include avoiding jail time, lower fines, no criminal conviction on your record, and getting needed treatment for conditions related to military service.

How does a veteran or current military member apply for and complete the requirements of the military diversion program under Penal Code 1001.80?

A veteran or current military member works with a DUI lawyer to file a motion for military diversion in their California criminal case. If approved for military diversion, they complete their assigned treatment program under the supervision of the court and the assigned treatment providers. Successful completion of the diversion program results in the dismissal of the charges.

Author Bio

Daniel Kolacia is the CEO and Managing Partner of Kolacia Law Firm, a Rancho Cucamonga, CA, criminal defense law firm. As a former prosecutor with more than 15 years of experience in criminal defense, he is knowledgeable about both sides of the courtroom, an advantage he uses to help defend his clients. He has zealously represented clients in various legal matters, including white-collar crimes, misdemeanors, felonies, traffic cases, and other criminal charges.

Daniel received his Juris Doctor from the Southwestern University School of Law and is a member of the California Bar Association. He has received numerous accolades for his work and has worked on several high-profile cases featured on Dateline, CNBC, Los Angeles Times, and various local publications.

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