Military Diversion

Military Diversion Lawyer in Placer County

Penal Code 1001.80 – Veterans & Active Duty Diversion

Tiemann Defense – Roseville, California

 

If you are a current or former member of the U.S. military facing criminal charges in Placer County, you may qualify for military diversion under Penal Code §1001.80. This powerful pretrial program allows eligible service members to receive treatment instead of a conviction — and upon successful completion, your charges are dismissed.

Tiemann Defense represents clients in:

• Roseville
• Rocklin
• Lincoln
• Auburn
• All Placer County courts

📞 916.939.3900
📍 209 Harding Blvd. Suite 7, Roseville, CA 95678

What Is Military Diversion in California?

Military diversion is a pre-plea treatment-based resolution for qualifying veterans and active-duty service members suffering from service-related conditions such as:

• PTSD
• Traumatic brain injury (TBI)
• Military sexual trauma (MST)
• Substance abuse
• Other mental health conditions

Instead of proceeding through the traditional criminal process, the court places the case on hold while the participant completes a structured treatment program.

✅ Successful completion = case dismissed
✅ No criminal conviction
✅ You can lawfully state you were not convicted (with limited exceptions)

Military Diversion in Placer County Superior Court

In Placer County, military diversion is closely connected with the Veterans Treatment Court (VTC) model.

How the Process Works

1. Request for Military Diversion filed
2. Eligibility determination in the home court
3. Assessment and treatment plan created
4. Transfer to the Veterans Treatment Court for monitoring
5. Regular progress reviews
6. Completion → charges dismissed

The VTC judge retains jurisdiction to monitor treatment, modify terms, and determine successful completion.

Eligibility Requirements – Penal Code 1001.80

To qualify, the court must find:

Military Status

You are:

• Active duty, OR
• A current or former member of the U.S. military

Qualifying Condition

You may be suffering from a service-related condition, such as:

• PTSD
• TBI
• Substance use disorder
• Mental health disorder
• Military sexual trauma

Nexus to the Offense (Especially for Felonies)

For felony cases, the condition must be a significant factor in the alleged offense.

Consent & Waiver

You must:

• Agree to participate in treatment
• Waive your right to a speedy trial

Misdemeanor vs. Felony Military Diversion

Misdemeanor Cases

Typically, easier to obtain if statutory criteria are met.

Felony Cases

The court must additionally find:

• A causal connection between the condition and the offense
• The defendant is suitable for treatment

Suitability Factors in Placer County

Even if you are statutorily eligible, the judge must find you suitable.

Placer County courts may consider:

• Prior similar convictions
• Prior diversion grants
• Public safety risk
• Domestic violence allegations
• Failure to appear in past cases
• Failure to engage in treatment
• Refusal to follow the treatment plan
• Offenses requiring sex registration

These factors can result in denial even when eligibility exists.

Offenses That Are NOT Eligible for Military Diversion

Military diversion is not available for certain serious offenses, including:

• Murder and voluntary manslaughter
• Most PC 290 registerable sex offenses
• Rape and lewd acts with a child
• Possession of a weapon of mass destruction

Other exclusions may apply depending on the case.

Program Length & Terms

Military diversion in California:

• Minimum: 12 months
• Maximum: 2 years

Common Conditions

Participants are typically required to:

• Complete VA or community-based treatment
• Attend counseling or therapy
• Remain law-abiding
• Submit progress reports
• Appear for review hearings
• Follow medication or sobriety requirements

Key Benefits of Military Diversion

✔ Charges dismissed upon completion
✔ No criminal conviction
✔ Avoid jail or prison
✔ Focus on treatment instead of punishment
✔ Protect employment and professional licenses
✔ Better immigration and background-check outcomes

The Importance of the Clinical Assessment

A strong military diversion request usually includes:

• DSM-5 diagnosis
• Service history and trauma documentation
• Clear nexus between condition and offense
• Structured treatment plan
• Professional opinion on suitability

This evidence is often the difference between approval and denial.

What Happens If Diversion Is Denied or You Do Not Complete It?

If the court:

• Denies diversion → the criminal case continues
• Terminates diversion → the case is reinstated

This is why early legal strategy is critical.

Why Choose Tiemann Defense for Military Diversion?

We understand:

• How Placer County judges evaluate suitability
• What documentation the court expects
• How to build a persuasive nexus between service and the offense
• How to structure treatment plans that get approved

Our goal is simple: get your case dismissed through diversion whenever possible.

Military Diversion Attorney in Roseville – Free Consultation

If you or a loved one served our country and is now facing criminal charges, you may have a second chance through military diversion.

Tiemann Defense
📞 916.939.3900
📍 209 Harding Blvd. Suite 7
Roseville, CA 95678

Serving Roseville, Rocklin, Lincoln, Auburn, and all Placer County courts.

Frequently Asked Questions (FAQ)

Is military diversion a conviction?

No. If completed successfully, the case is dismissed.

Can felony charges qualify?

Yes — if the court finds the service-related condition was a significant factor.

How long does the program last?

Usually,  1 year but up to two years.

Can I do diversion more than once?

Courts are very reluctant to grant multiple diversions.  However, a person denied military diversion may still qualify for veteran treatment court.  This is a post-conviction alternative where a person enters a plea and is sentenced to veteran treatment court.  Any jail time is usually stayed while the person completes a supervised treatment program geared towards the veteran.

Do I have to plead guilty?

No. Military diversion is a pre-plea program.