Active Duty Military and Veterans
At MyCriminalDefense, our attorneys are former officers in the U.S. Navy’s Judge Advocates General Corps. (JAG Corps). We understand the unique challenges military personnel face. There can be serious collateral consequences to your career. We know how to work with prosecutors, the court, and your command to get your life back on track.
Active Duty Military Service Members May be Discharged from Military Service as a result of a federal law known as the Lautenberg Amendment
|Lautenberg Amendment||Under the Lautenberg Amendment, any person who commits a crime of domestic violence loses his right to possess, use, own or transport any kind of firearms. The Lautenberg Amended the Gun Control Act of 1968 to include military service members from using, owning or possessing any firearms.|
|The Lautenberg Amendment disqualifies a service member from serving in the armed forces.||Active Duty military service members are likely to be administratively discharged with an other than honorable discharge, because, without firearms capabilities, the armed forces do not consider them world wide deployable.|
|The Lautenberg Amendment does not apply to veterans of the armed forces||The Lautenberg Amendment does not apply to veterans of armed forces, because they are no longer on active duty.|
|Restraining or Protective Orders in Domestic Violence Cases||A restraining or protective order issued by a California Superior Court in a domestic violence case prohibits the service member from owning, using or possessing firearms. As a result of being disqualified from owning, using or possessing firearms, the service member may be administratively discharged from his or her armed branch of service.|
New Pre-Trial Misdemeanor Diversion Law (Penal Code section 1001.80)
The new Pre-Trial Misdemeanor Diversion Law will qualify active duty military service members and veterans of the armed forces for dismissal of their misdemeanor cases and the removal of their arrest records.
Under the new pre-trial misdemeanor diversion law (Penal Code section 1001.80), an active duty service member or veteran of an armed branch of military service may qualify for dismissal of the misdemeanor charges and removal of the arrest record upon which the charges were based. This essentially means that the service member or veteran will have a clean record under the new law as long as he or she meets certain criteria.
To qualify for the Pre-Trial Misdemeanor Diversion Program, the following qualifications must be met:
1. You must be either an active duty military service member for any branch of the armed forces or a veteran of any branch of the armed forces.
2. You must be suffering from one or more of the following documented medical conditions:
|Post Traumatic Stress Disorder|
|Traumatic Brain Injury|
|Substance Abuse Dependency|
|Any Verified Mental Health Problem as diagnosed by a licensed mental health professional.|