Motion for Case Resolution Through Military Veteran Diversion

Zachary McCready July 29, 2019

Under Section 1001.8 of the Penal Code, after a person has been charged with a misdemeanor, a person may file a petition to have his or her case resolved if they are currently serving or have served in the U.S. military and the crime is a direct result of a condition related to that service.

The motion asks the judge to exercise his/her authority to apply California Penal Code 1001.80. This section was enacted to assist both former and current members of the United States military who have suffered from issues including post-traumatic stress disorder, sexual trauma, mental health problems, or substance abuse as a result of their service, and have subsequently been charged with a criminal offense related to those issues.

The Section of the Penal Code that makes it possible to get this military diversion applied is Section 1001.80 of the Penal Code. This law shall apply to any misdemeanor offense when a defendant was or is a member of the United States military, and a nexus exists between military service and the criminal offense for which he has been charged. Where the court has determined that a defendant’s case fits these parameters, the court may, with that defendant’s agreement, place the defendant in a pre-plea pretrial diversion program.

It is important to hire an attorney who is familiar with the court and the judges where the petition will be filed. At McCready Law Group, our attorneys are familiar with the courts in Long Beach, Bellflower, Downey, Inglewood, Compton, Norwalk, Los Angeles (Airport Courthouse, Metropolitan Courthouse, the Clara Shortridge Foltz Criminal Justice Center, and others), Van Nuys, Torrance, Whittier, Beverly Hills, Santa Monica, East Los Angeles, San Fernando, Santa Clarita, West Covina, Pomona, Lancaster, Westminster, Fullerton, Newport Beach, Orange, Santa Ana, Riverside, Rancho Cucamonga, San Bernardino, Vista, Ventura, Victorville, San Diego, Murrieta, and others.

Please call us today at (562) 364-7350 for assistance in getting an arrest record sealed. Our attorneys are ready to give you a detailed consultation. We have been assisting Southern California residents with arrests and criminal cases for over 12 years. Mr. McCready is a criminal law specialist, certified by the California Board of Legal Specialization. This is a very rare designation and it has helped Mr. McCready to get cases dismissed as well as get petitions to seal and destroy arrest records granted.

Consultations are normally free and can be done in person or over the phone. Attorney fees can sometimes be made in payments depending on your legal needs and your creditworthiness. Call today! We are waiting for you to call!

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