How Penal Code 1170.9 Can Help Veterans

As experienced California criminal defense attorneys, Spodek Law Group understands that veterans may face unique challenges when they become involved in the criminal justice system. Fortunately, California Penal Code 1170.9 (PC 1170.9) can provide much-needed relief to qualified veterans who are facing criminal charges. In this article, we will explore how PC 1170.9 can help veterans and answer some common questions about this law.

1. When Does Penal Code 1170.9 Apply?

PC 1170.9 is a type of post-conviction relief that applies after a criminal trial is complete. This means that it comes into play after a veteran has been convicted of a crime. Unlike other laws, such as Penal Code 1001.80, which allows for military diversion in lieu of trial, PC 1170.9 provides relief after a conviction has already occurred.

2. Which Veterans Are Qualified for Relief Under PC 1170.9?

2.1 Eligible for Probation

To be eligible for relief under PC 1170.9, the veteran defendant must be eligible for probation in California. While relief under this code section is not an option in certain cases, veterans may be able to qualify for probation even if they are not eligible for other forms of relief.

2.2 Medical/Mental Conditions

In addition to being eligible for probation, a veteran defendant must also suffer from certain medical or mental health conditions that resulted from their military service. Examples of qualifying conditions include traumatic brain injury, substance abuse problems, and post-traumatic stress disorder (PTSD). The court may request an assessment to help determine if a veteran suffers from an eligible condition, but no medical doctor’s opinion is required. To demonstrate medical or mental qualification, a veteran typically only needs to provide their DD-214 to prove service and a valid medical diagnosis.

3. What Happens When a Veteran Is Qualified Under PC 1170.9?

When a veteran is deemed qualified under PC 1170.9, the court places the veteran on probation and orders them into a local, state, federal, or private non-profit treatment program. The duration of the treatment program is for a period not to exceed the length of the term that the veteran would have served in jail or prison.

4. How Is Probation Satisfied Pursuant to Penal Code 1170.9?

If a convicted veteran successfully completes court-ordered treatment, the court will determine if they have satisfied all conditions of probation. To satisfy probation pursuant to PC 1170.9, the veteran must have substantially complied with all probation conditions during treatment, successfully participated in court-ordered treatment and services, no longer present a danger to the health and safety of others, and have shown significant improvement from court-ordered treatment. If probation terms are satisfied, the court may dismiss the action or potentially reduce a felony to a misdemeanor.

5. What Is the “Military Diversion” Law in California Penal Code 1001.80?

Military diversion is a form of pre-trial diversion that allows a veteran defendant to postpone criminal proceedings for misdemeanor crimes while undergoing treatment for medical or mental health conditions resulting from their military service. California Penal Code 1001.80 authorizes military diversion and allows for the dismissal of charges upon successful completion of the diversion program.

6. What Is the Mental Health Diversion Law in California Penal Code 1001.36?

California Penal Code 1001.36 provides for a Mental Health Diversion program that allows some criminal defendants, including veterans, to receive mental health treatment after they are accused of a crime. This program is also a form of pre-trial relief that allows a willing defendant to participate in a treatment program and potentially have charges against them dismissed upon successful completion.

How Spodek Law Group Can Help Veterans

At Spodek Law Group, we have extensive experience helping veterans navigate the criminal justice system in California. Our attorneys are dedicated to providing effective, compassionate representation to those who have served our country. We can help you understand your rights and explore your legal options, including relief under Penal Code 1170.9, military diversion under Penal Code 1001.80, and mental health diversion under Penal Code 1001.36.

If you or someone you know is a veteran or current member of the United States Military and may be eligible for relief under Penal Code 1170.9 PC, we invite you to contact Spodek Law Group for a free consultation. Our attorneys have the experience and knowledge necessary to help you navigate the legal system and achieve the best possible outcome for your case.

Summary

Penal Code 1170.9 provides relief to qualified veterans who are facing criminal charges in California. To be eligible for relief under this code section, veterans must be eligible for probation and suffer from certain medical or mental health conditions resulting from their military service. When a veteran is deemed qualified, they are placed on probation and ordered into a treatment program. Successful completion of treatment can result in the dismissal of charges or the reduction of a felony to a misdemeanor. At Spodek Law Group, we are dedicated to helping veterans understand their legal options and achieve the best possible outcome for their case.

We understand that veterans may face unique challenges when navigating the criminal justice system, and we are committed to providing effective and compassionate representation to those who have served our country. Our attorneys have a deep understanding of the law and are skilled at advocating for our clients’ rights.

In addition to relief under Penal Code 1170.9, our attorneys can also assist veterans with exploring other forms of relief, including military diversion under Penal Code 1001.80 and mental health diversion under Penal Code 1001.36. We can help you understand your legal options and work with you to develop a strategy that is tailored to your specific needs and goals.

At Spodek Law Group, we are dedicated to providing our clients with the highest level of professionalism and expertise. Our attorneys are experienced trial lawyers who are skilled at negotiating with prosecutors, arguing in court, and advocating for our clients’ rights. We understand the stress and uncertainty that comes with facing criminal charges, and we are committed to providing our clients with the guidance and support they need to navigate the legal system.

If you are a veteran or current member of the United States Military and are facing criminal charges in California, we invite you to contact Spodek Law Group for a free consultation. Our attorneys have the experience and knowledge necessary to help you achieve the best possible outcome for your case. We serve clients throughout California, including the San Fernando Valley, Pasadena, San Bernardino, Rancho Cucamonga, Long Beach, Riverside, San Diego, Oakland, the San Francisco Bay area, Orange County, Sonoma County, Ventura, Sacramento, San Jose, the greater Los Angeles area, and beyond.