Veteran’s May Recall Their Sentences if Veteran Diversion was Not Considered
Mar 03, 2020
Many US veterans have received unfair treatment by the California judicial system and found that the judge did not take into consideration their mental capacity or military service during sentencing. As of January 1st, 2015, California judges are required to consider the trauma and mental health issues of US veterans while sentencing them. Those who did not receive fair and ethical treatment during their sentencing may qualify for resentencing under California Penal Code 1170.91. To be eligible, a qualified veteran must fit the following criteria:
· You were a member of the U.S. Military
· You suffer from sexual trauma, brain injury, PTSD, substance abuse, or another mental health issue as a result of your service.
· You are currently serving a sentence for a felony conviction
· Your mental health condition was not considered by the court at the time of sentencing
It’s also important to note that if you raise this issue, your sentence cannot be longer than the original sentence imposed. So, basically, you can’t be penalized for raising the issue. However, you should also be aware that felony veteran diversion can last the entire time of the probation period. So, you may not want to jump through all the hoops. There are intensive court reviews and you are, often, under more scrutiny than if you were just on standard probation.
However, the carrot is that if you complete veteran diversion successfully your case can be reduced to a misdemeanor and dismissed, pursuant to a the California expungement law in Penal Code section 1203.4.
I have handled many veteran and mental health diversion cases and I’m familiar with this area of the law. At Mitchell Law Group, your case will be given top priority. If you feel that you are eligible for resentencing, please contact us.
Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.