If you are a combat Veteran accused of a crime in California, you should know that California Penal Code section 1170.9 may allow a court to dismiss your case and order treatment instead of the probation or prison sentence that would ordinarily be imposed if certain conditions are met.
To be eligible for probation and a later dismissal under Section 1170.9, the accused must allege that "he or she committed the offense as a result of sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from service in the United States military, the court shall, prior to sentencing, make a determination as to whether the defendant was, or currently is, a member of the United States military and whether the defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her service. "(Pen. Code, § 1179.9, subd.(a).)
"It is in the interests of justice to restore a defendant who acquired a criminal record due to a mental health disorder stemming from service in the United States military to the community of law abiding citizens.(Pen. Code, , § 1170.9, subd. (h) (1))
Usually the defendant enters a plea to a charge that is eligible for probation and enters into a treatment program approved by the court. Later, the defendant’s criminal defense lawyer requests a hearing, giving at least 15 days notice to the prosecution where defendant’s performance on probation is evaluated. At the hearing, the court can take several different types of actions, including:
* Deem all conditions of probation to be satisfied, including
fines, fees, assessment, and programs, and terminate probation prior
to the expiration of the term of probation. But this does not apply to
court-ordered victim restitution.
* Reduce an eligible felony to a misdemeanor.
* Grant relief under Section 1203.4. (California’s expungement statute.)
* The Court may seal the records so the general public would need a court order to see them.
But, even if the action is dismissed under 1203.4, the defendant's DNA sample and profile in the DNA data bank will not be removed and the defendant’s gun rights will not be restored. Also, this section will not affect any actions that the Department of Motor Vehicles may take, if any.
If you are a Combat veteran or military member in the Los Angeles metro area, and you would like me to recommend an experienced criminal defense lawyer to represent you, you can contact me at esserlaw@gmail.com
If you are reading this and have a question about a general issue related to criminal defense that is not specific to your case, please let me know. If I know the answer or if I can research the topic, I'll discuss the issue here. Thank you.
copyright © 2015 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.
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