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What is military diversion and how does it work?

On Behalf of | Mar 21, 2023 | Military Law |

Military diversion is a program started in 2016 that helps address misdemeanor offenses of veterans or those currently serving in the military.

The defendant would be eligible for this program if they experienced long-term effects from their time in the military, such as mental illnesses, post-traumatic stress disorder (PTSD), sexual assault, drug abuse or severe brain injuries.

Military diversion works by reviewing the defendant’s condition and addressing the offense by providing treatment, counseling and victim restitution payment. After the defendant completes the program, the court will dismiss the charges.

However, this program has strict criteria, such as:

  • It is only applicable for misdemeanor charges.
  • The defendant must waive trial rights.
  • The defendant can only go through the program once.

Additionally, other factors could affect eligibility for military diversion. Sometimes, repeat offenders for the same misdemeanor crime who might need further treatment go to Veterans Treatment Court instead.

This is also an alternative program that addresses those who have committed more serious offenses with the same approach of providing treatments and support.

What if I am not eligible?

After a thorough case investigation and review, the court will determine how to deal with your charges. Other offenses could call for the standard legal process under the Uniform Code of Military Justice.

It covers the following charges and other administrative military matters, including:

  • Drug-related violations
  • Sexual crimes
  • Assault
  • Homicide
  • Larceny
  • Fraud
  • Desertion
  • Other crimes under the courts-martial judgment
  • Military desertion
  • Security clearance-related issues

Depending on the situation, you might need legal representation for these cases and other severe felony crimes.