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What is Military Diversion?

In California, if any misdemeanor, including DUI and Domestic Violence, is charged against an active-duty member of the military or veteran, who may have been suffering from a mental health condition such as post-traumatic stress disorder or other mental health condition because of his or her military service may petition the court to have their criminal case stayed and receive treatment.

If the person completes military diversion successfully, then the case is dismissed, and the record of arrest is ordered destroyed as if it never occurred.

See Penal Code section 1001.80. 

The California Legislature found that active-duty members of the military/ veterans who may be suffering from a mental health condition because of their military service should receive treatment versus being labeled a criminal and potentially being separated from the military.

How Long is Military Diversion?

Each county is different and the more serious the crime the longer the program.  Usually, the court will refer the veteran to a mental health provider, and that provider will provide an opinion and a treatment plan will be formulated.  The case is then usually referred to the team of mental health providers such as the Veterans Affairs and or mentor and peer groups for classes and support.

Periodic court appearances are set to make sure the person is following the treatment plan.  People usually graduate within a year.

Why Hire the Law Offices of John R. Coniglio?

John R. Coniglio has been at the forefront of defending active-duty military and veterans for decades.  He takes special pride in this area of his practice.

John R. Coniglio has successfully appealed the denial of his client's participation in Military Diversion twice to the Sixth District Court of Appeal. 

In one case, Wade v. Superior Court (2019) 33 Cal.App.5^th 694, the appellate court adopted Mr. Coniglio's argument on how a court must analyze whether an active-duty member of the military or veteran should be granted diversion.

This published case has become the standard for all courts in California on Military Diversion.

If you or a loved one is a veteran or active member of the military, it would be our pleasure to assist you in trying to determine if Military Diversion is a possible outcome for your case.  Please call the Law Offices of John R. Coniglio 24 hours a day 7 days a week for help at 1-831-373-3151 or contact us <Here>.

*DISCLAIMER: These materials were written by John R. Coniglio, Esq., for information only. This information is not legal advice. It is not intended to create and is not an attorney-client relationship. Do not take action based upon this information unless you consult with an attorney. In addition, this material may not be current.