PRACTICE AREAS

PRACTICE AREAS

New Law: Veterans Now Eligible for DUI Diversion

By michaelfannon • August 25, 2017
On August 7, 2017, Governor Brown signed SB 725 which amends Penal Code section 1001.80 regarding veteran’s diversion by adding subdivision (l) to take effect as urgency legislation. Subdivision (l) now states: “Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a [..] The post New Law: Veterans Now Eligible for DUI Diversion appeared first on Ryan Birss, Attorney at Law.

Proposition 57 Update

By michaelfannon • July 26, 2017
My friend Douglas Fienberg from the Fresno County Public Defender’s Office has been carefully tracking the proposed rules for Proposition 57.  You can see the proposed rules here: http://www.cdcr.ca.gov/proposition57/docs/Prop-57-Public-Comment-Regs.pdf. Here is the latest from Mr. Fienberg: There are at least four problems with the proposed regulations. First, the proposed regulations exclude people subject to indeterminate [..] The post Proposition 57 Update appeared first on Ryan Birss, Attorney at Law.

California Proposition 57: What You Need to Know

By michaelfannon • November 21, 2016
On November 8, 2016, California voters approved Proposition 57, also known as the California Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative. Here’s a brief look at what Proposition 57 means to California and its citizens. New parole opportunities for those convicted of non-violent felonies. Proposition 57 changes the time calculation for parole [..] The post California Proposition 57: What You Need to Know appeared first on Ryan Birss, Attorney at Law.
Are Veterans Eligible for Diversion?
September 22, 2016

In 1972, the California Legislature enacted diversion for people accused of low level drug offenses.  This law could be used by anyone who met the criteria for diversion.  See Blog Post: Am I Eligible for Criminal Diversion ?

In 2014, California passed a new law regarding the diversion of military veterans who meet specific criteria.  ( Penal Code section 1001.80.)  Under this law, any person who was or is currently a member of the United State military may be eligible for criminal diversion under the following circumstances:

  1. The person is charged with a misdemeanor offense;
  1. The person is suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service

If the person successfully completes the diversion program, the “arrest upon which the diversion was based shall be deemed to have never occurred.”  ( Penal Code section 1001.80(i).)  However, just like in civilian diversion, the arrest must be disclosed when applying for any peace officer position.  ( Penal Code section 1001.80(j).)

The big difference between civilian diversion and military diversion is that military diversion is available for any misdemeanor offense; civilian diversion is only available for low level drug offenses.

Prosecutors disagree with the language of the statute, and argue that because civilian diversion specifically excludes DUI offenses from diversion, that military diversion should also exclude DUI offenses even if they are misdemeanors.

The California Courts of Appeal have attempted to give legal direction on this issue, but have disagreed with each other on this specific issue.

In the Second District Court of Appeal (Los Angeles), the court ruled that military diversion IS available for misdemeanor DUI offenses.  (See Hopkins v. Superior Court (2016) ___ Cal.App.5th ___.)

In the Fourth District Court of Appeal (San Diego), the court ruled that military diversion is NOT available for misdemeanor DUI offenses.  (See People v. VanVleck (2016) 2 Cal.App.5th 355.)

The Third District Court of Appeal (Sacramento), which covers Northern California counties, has not yet ruled on this issue.  And, because there is a split of authority between two different Courts of Appeal, the California Supreme Court is likely to step in and make a ruling that will be binding on all California trial courts.  Once either of these two events occurs, I will update this blog post.

Until then, attorneys in Northern California will be attempting to obtain military diversion for clients who meet the statutory criteria set out in Penal Code section 1001.80.

If you are looking for an experienced, reliable criminal defense attorney who understands all aspects of resolving a criminal case and will work to keep your criminal history clear, schedule an appointment on this web site or call to set up a time to meet and discuss your case.