California understands the challenges faced by those who have served our country. For veterans facing criminal charges, the state’s veterans courts offer an alternative to standard court proceedings. It offers veterans support, providing rehabilitative treatment for issues from military service like Post-Traumatic Stress Disorder (PTSD).
While veterans court aims to help as many veterans as possible, not all cases may qualify. Several important factors determine eligibility. Understanding them can help veterans and their families navigate their options.
Veteran status
Veterans courts accept cases from people with proven military service. Many discharge types qualify, including medical and entry-level separation. However, rules may vary depending on the county. Some courts may also consider Bad Conduct or Dishonorable discharges on a case-by-case basis. Having served in the U.S. Armed Forces, Reserves or National Guard matters most, regardless of combat experience.
Take note that moving a case to veterans court requires a court order from the judge in the case, not by contacting the court directly. It’s crucial to consult with an attorney about your eligibility and participation.
Nature of the offense
Veterans courts handle many types of offenses, mainly non-violent crimes linked to substance abuse or mental health issues. These can include:
- Drug possession
- Driving under the influence (DUI)
- Theft
- Burglary
- Domestic violence (in some areas)
Take note that the veteran must plead guilty to their charge to be eligible. Each court may also have different rules about what cases they take. Make sure to consult with your attorney about the specifics of your case.
Existing mental health conditions
Veteran courts consider several service-related conditions:
- Post-Traumatic Stress Disorder (PTSD)
- Traumatic Brain Injury (TBI)
- Depression
- Anxiety
- Substance abuse disorders
- Military Sexual Trauma (MST)
These conditions often come from military experiences and may have led to the crime. Veterans courts try to treat these root issues instead of just punishing the offense.
Willingness to participate
Veterans must choose to join the program on their own. This might include:
- Attending regular court sessions
- Completing required treatment
- Taking frequent drug and alcohol tests
- Meeting with probation officers
- Performing community service
The program usually lasts 15-18 months. Veterans who finish successfully may receive reduced sentences or have their charges dismissed.
Years of service can leave more than just visible scars
California courts acknowledge these unseen challenges and how they might lead some to make wrong decisions. If you’re a veteran facing charges, consider seeking legal counsel.
