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Penal Code 1170.9 PC | Veterans Treatment in Lieu of Jail

 

Penal Code 1170.9 PC | Veterans Treatment in Lieu of Jail

In California, Penal Code 1170.9 PC allows military veterans who commit certain crimes to undergo treatment instead of incarceration. This law aims to provide rehabilitative services to address conditions like PTSD, substance abuse, and mental health issues.

Let’s take a closer look at how PC 1170.9 works, who qualifies, the treatment programs available, and how an experienced criminal defense attorney can help veterans take advantage of this law.

What is Penal Code 1170.9?

The key portions of California’s law regarding veterans treatment state:

Upon conviction of a defendant for a criminal offense, the court may order the defendant into a pretrial diversion program for veterans if the defendant was a member of the United States military and suffers from sexual trauma, traumatic brain injury, post-traumatic stress disorder (PTSD), substance abuse, or mental health issues as a result of that service.

If the defendant successfully completes the diversion program, the criminal charges shall be dismissed.

In simpler terms, PC 1170.9 allows the following:

  • Eligible veterans can enter a treatment program instead of jail/prison
  • Their sentence is suspended while completing the program
  • Charges may be dismissed if they finish the program

This provides an alternative to incarceration for veterans suffering from service-related conditions.

Who is Eligible for Veterans Diversion Under PC 1170.9?

To participate in veterans diversion, the following conditions must apply:

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Christine Twomey
2024-03-21
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Brendan huisman
2024-03-18
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Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
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Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
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2024-03-12
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2024-03-12
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2024-02-28
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divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • Served in the U.S. military
  • Suffer from PTSD, TBI, substance abuse or mental health issues from that service
  • Charged with a misdemeanor or felony offense
  • Do not have a serious or violent felony conviction
  • Deemed suitable for treatment by the court

Prosecutors have discretion on whether to allow diversion in each case. Factors considered include criminal history and the circumstances of the offense.

How Does Veterans Diversion Work?

The process for veterans treatment under PC 1170.9 involves the following steps:

  1. A clinical assessment to determine suitability for diversion and recommend a treatment program
  2. Court approves diversion instead of sentencing if deemed appropriate
  3. Veteran enters and completes the treatment program
  4. Charges are dismissed and record cleared if program finished successfully

Treatment can last up to 2 years. Participants must comply with all terms of the program and remain arrest-free.

Types of Treatment Programs Available

PC 1170.9 authorizes a range of rehabilitative treatment programs for eligible veterans. These can include both inpatient and outpatient programs to address conditions like:

  • PTSD – Counseling, exposure therapy, medication management
  • Drug/alcohol addiction – Detox, residential rehab, 12-step programs, counseling
  • Mental health – Psychotherapy, cognitive behavioral therapy, support groups
  • Traumatic brain injury – Cognitive rehabilitation, speech therapy, medication

The court will refer the veteran to an appropriate certified treatment program based on a clinical evaluation of their needs.

Benefits of Completing Veterans Diversion

The main benefits of successfully finishing a treatment program under PC 1170.9 include:

  • The criminal charges are dismissed
  • The arrest is deemed to have never occurred
  • Records of the arrest and diversion program are sealed
  • Avoids impacts of a criminal conviction

This gives veterans an incentive to fully commit to treatment and turn their lives around.

How a Veteran Criminal Defense Lawyer Can Help

Having an experienced criminal defense attorney is crucial for getting access to veterans diversion. An attorney can:

  • Advise if you are eligible for diversion under PC 1170.9
  • Gather records to demonstrate your military service and conditions
  • Negotiate with prosecutors to approve diversion
  • Refer you to approved treatment programs
  • Help you comply with all requirements of diversion
  • Make sure charges are dismissed upon completion

Don’t leave this to chance. An attorney can maximize your chances of getting this beneficial treatment alternative.

Treatment Offers Rehabilitation and a Second Chance

Penal Code 1170.9 provides a rehabilitative pathway for veterans suffering from service-related trauma and conditions. Successful treatment allows avoiding a criminal conviction and turning your life around.

But you need an experienced guide to navigate the complexities of veterans diversion. A knowledgeable criminal defense lawyer can help you take full advantage of this law.

 

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