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  1. Mark Deniz has been a member of the California State bar for over 11 years.

    Mark is involved with the San Diego Bar Association serving on its legal panel.

    Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

    Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  2. Mark Deniz is a member of California DUI Lawyers Association.

    Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

    Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

    The firm is a member of the better business bureau who ensures quality service for its clients.

  3. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

    Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

    Mark Deniz has received AVVO’s prestigious Clients’ Choice award

    The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  4. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  1. Mark Deniz has been a member of the California State bar for over 11 years.

  2. Mark is involved with the San Diego Bar Association serving on its legal panel.

  3. Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

  4. Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  5. Mark Deniz is a member of California DUI Lawyers Association.

  6. Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

  7. Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

  8. The firm is a member of the better business bureau who ensures quality service for its clients.

  9. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  10. Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

  11. Mark Deniz has received AVVO’s prestigious Clients’ Choice award

  12. The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  13. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

  14. Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

Military Diversion for San Diego DUIs for those who have PTSD 1001.80 Senate Bill 1227

A new law has allowed those with certified PTSD through military service and are facing San Diego DUI charges to apply for diversion.  This new law is vital for seeking to treat our veterans instead of punish them for a byproduct of their service.

The prosecution has been fighting many of the applications into the programs due to a very strict reading of the criteria.  I fear that the law is going to be amended to not allow DUIs to be the cases that fall into "military diversion".  It is a shame because those who suffer from PTSD self medicate.  Many of them turn to alcohol rather than hard drugs.  This results in a fair amount of DUIs.

Do not think you will walk in and get diversion.  You need to obtain an attorney who knows the process and can get someone who knows the process and what the court needs to get you into the right program.

If you have PTSD due to a military service and now face a DUI, call our firm for a free consultation at (858) 751-4384.

The court, in collaboration with the Offices of the District Attorney, City Attorney, and Public Defender, has compiled the following information regarding Military Diversion pursuant to Pen. Code § 1001.80 (hereafter Military Diversion). This information is for guidance as to best practices only, and does not represent strict rules or guidelines.

A. ELIGIBILITY CRITERIA

1. Defendant is charged with a misdemeanor or misdemeanors only.

2. Defendant is a current or former member of the United States military.

3. Defendant may be 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.

4. Defendant consents to being placed on Military Diversion and waives his or her rights to a speedy trial.

5. Defendant has not been granted Military Diversion for any other case.

B. EXCLUSIONARY CONSIDERATIONS

1. Defendants with a prior conviction for the same or similar offense are better served by a post-conviction referral to Veteran's Treatment Court (Department 16, Central Division) as opposed to a grant of Military Diversion. Veteran's Treatment Court provides a higher level of structure and supervision for participants, while potentially earning a dismissal of the criminal conviction pursuant to Pen. Code § 1170.9.

2. Multiple grants of Military Diversion for the same defendant prevent that person from seeking the higher level of treatment available in Veteran's Treatment Court, and as a result, Military Diversion should only be granted on a one-time basis.

C. PROCESS OF ADMISSION

1. Defendant files a Request for Military Diversion; Advisal and Waiver of Rights (SDSC Form #CRM-284) (hereafter "Request for Military Diversion") at the earliest possible time prior to adjudication of the case.

2. Upon receipt of the Request for Military Diversion, the court will vacate any future hearing dates previously set and will set the matter for hearing on the Military Diversion calendar. A copy of the Request for Military Diversion will be sent by the court to the prosecuting agency with notice of the hearing date.

3. At least 15 calendar days prior to the hearing date, the defense must file and serve on the prosecution a Motion for Military Diversion that includes the alleged factual basis for eligibility for Military Diversion, including any supporting documentation (e.g., proof of military service and an assessment of the defendant's condition by a mental health or other appropriate professional), as well as a proposed treatment plan from an appropriate mental health provider (e.g., from the program providers recommended in the assessment). Any opposition or response from the prosecution must be filed and served on the defense at least five calendar days before the hearing date.

If the defendant has already compiled the motion, assessment, treatment plan, and/or other necessary evidence at the time he or she files the Request for Military Diversion, defendant should request a hearing date approximately three weeks out. Otherwise, the hearing date will be set approximately 60 to 90 days out.

If the defendant is a military veteran, the assessment may be done by a regional Veterans Center (San Diego, San Marcos, or Chula Vista), the VA Mental Health Access Clinic, or the VA Substance Abuse Recovery and Rehabilitation Treatment Program.

4. If at the hearing the court finds the defendant is not eligible for Military Diversion, or that Military Diversion is not appropriate, the request for Military Diversion will be denied, any previously vacated dates will be reset, and the case will continue in due course.

5. If at the hearing the court finds the defendant is eligible for Military Diversion and that a grant of Military Diversion is appropriate, the court will grant Military Diversion for a period not to exceed two years, postponing the criminal proceedings for that time period. The court will impose conditions of the diversion program (e.g., treatment programs). Review hearings will be set to show proof of enrollment/compliance. The court will also set the date upon which the case will be dismissed if the defendant successfully completes the diversion program.

SDSC CRM-283 (New 6/15) MILITARY DIVERSION INFORMATION SHEET Pen. Code § 1001.80 Informational Form Page 1 of 2

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The court, in collaboration with the Offices of the District Attorney, City Attorney, and Public Defender, has compiled the following information regarding Military Diversion pursuant to Pen. Code § 1001.80 (hereafter Military Diversion). This information is for guidance as to best practices only, and does not represent strict rules or guidelines. 

The court, in collaboration with the Offices of the District Attorney, City Attorney, and Public Defender, has compiled the following information regarding Military Diversion pursuant to Pen. Code § 1001.80 (hereafter Military Diversion). This information is for guidance as to best practices only, and does not represent strict rules or guidelines. 

D. EXAMPLES OF CONDITIONS OF MILITARY DIVERSION

1. Twelve to 24 months of treatment.

2. Protective Order (JC Form #CR-160) for the duration of the diversion program (DV cases).

3. Fifty-two week Family Recovery Program at a regional Veterans Center (San Diego only) or a probation-certified Domestic Violence Recovery Program (DVRP). (DV cases.)

4. First Conviction Program (FCP) and MADD Impact Panel (DUI cases).

5. Random drug and alcohol testing by the treatment provider.

6. Substance abuse or other counselling, therapy or treatment as recommended in the assessment and/or treatment plan.

7. Written progress reports from care/treatment providers due every 90 days.

E. SUCCESSFUL COMPLETION

1. At the end of the period of Military Diversion, if the defendant has performed satisfactorily, the court will dismiss the criminal charges.

2. The arrest will be deemed to have never occurred, except that (1) the Department of Justice will be notified of the disposition of the case; (2) the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to a peace officer application request; and (3) the defendant is still obligated to disclose the arrest in response to a direct question contained in a questionnaire or application for a position as a peace officer, as defined in Pen. Code § 830. Defendant must be advised of (2) and (3).

F. UNSUCCESSFUL COMPLETION
If it appears to the court that the defendant is performing unsatisfactorily in the Military Diversion program, or is not benefitting from the treatment and services provided, the court will set a hearing to determine whether the defendant shall be terminated from the Military Diversion program and the criminal proceedings reinstated.

This is a wonderful program for Veterans who fit the criteria.  Do not walk in thinking the court and the prosecutor will agree to get you into the program.  Call now to begin to get you into diversion at (858) 751-4384.

Below is more on the new law:

Senate Bill No. 1227
CHAPTER 658


An act to add Chapter 2.9C (commencing with Section 1001.80) to Title 6 of Part 2 of the Penal Code, relating to diversion.
[ Approved by Governor September 27, 2014. Filed with Secretary of State September 27, 2014. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1227, Hancock. Diversion: members of the military.Under existing law, prosecution of an offense filed as a misdemeanor may be postponed, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication, for the person charged to participate in a diversion program for the treatment of problem drinking or alcoholism. Additionally, prosecution may be postponed in other instances, including first-time, nonviolent felony drug offenses and for defendants with cognitive developmental disabilities.This bill would authorize the court, with the consent of the defendant and a waiver of the defendant's speedy trial right, to postpone prosecution, either temporarily or permanently, of a misdemeanor and place the defendant in a pretrial diversion program, if the defendant was, or currently is, a member of the United States military and if he or she may be 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. The bill would authorize the defendant to be referred to services for treatment and would require the responsible agencies to report to the court and the prosecution not less than every 6 months. By increasing the duties of local county mental health authorities and local prosecutors, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.



BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Chapter 2.9C (commencing with Section 1001.80) is added to Title 6 of Part 2 of the Penal Code, to read:

CHAPTER 2.9C. Military Diversion Program
1001.80.

(a) This chapter shall apply whenever a case is before a court on an accusatory pleading alleging the commission of a misdemeanor offense, and both of the following apply to the defendant:(1) The defendant was, or currently is, a member of the United States military.(2) The defendant may be 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. The court may request, using existing resources, an assessment to aid in the determination that this paragraph applies to a defendant.(b) If the court determines that a defendant charged with an applicable offense under this chapter is a person described in subdivision (a), the court, with the consent of the defendant and a waiver of the defendant's speedy trial right, may place the defendant in a pretrial diversion program, as defined in subdivision (k).(c) If it appears to the court that the defendant is performing unsatisfactorily in the assigned program, or that the defendant is not benefiting from the treatment and services provided under the diversion program, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant is not performing satisfactorily in the assigned program, or that the defendant is not benefiting from diversion, the court may end the diversion and order resumption of the criminal proceedings. If the defendant has performed satisfactorily during the period of diversion, at the end of the period of diversion, the criminal charges shall be dismissed.(d) If a referral is made to the county mental health authority as part of the pretrial diversion program, the county shall be obligated to provide mental health treatment services only to the extent that resources are available for that purpose, as described in paragraph (5) of subdivision (b) of Section 5600.3 of the Welfare and Institutions Code. If mental health treatment services are ordered by the court, the county mental health agency shall coordinate appropriate referral of the defendant to the county veterans service officer, as described in paragraph (5) of subdivision (b) of Section 5600.3 of the Welfare and Institutions Code. The county mental health agency shall not be responsible for providing services outside its traditional scope of services. An order shall be made referring a defendant to a county mental health agency only if that agency has agreed to accept responsibility for all of the following:(1) The treatment of the defendant.(2) The coordination of appropriate referral to a county veterans service officer.(3) The filing of reports pursuant to subdivision (h).(e) When determining the requirements of a pretrial diversion program pursuant to this chapter, the court shall assess whether the defendant should be ordered to participate in a federal or community-based treatment service program with a demonstrated history of specializing in the treatment of mental health problems, including substance abuse, post-traumatic stress disorder, traumatic brain injury, military sexual trauma, and other related mental health problems.(f) The court, in making an order pursuant to this section to commit a defendant to an established treatment program, shall give preference to a treatment program that has a history of successfully treating veterans who suffer from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of military service, including, but not limited to, programs operated by the United States Department of Defense or the United States Department of Veterans Affairs.(g) The court and the assigned treatment program may collaborate with the Department of Veterans Affairs and the United States Department of Veterans Affairs to maximize benefits and services provided to the veteran.(h) The period during which criminal proceedings against the defendant may be diverted shall be no longer than two years. The responsible agency or agencies shall file reports on the defendants progress in the diversion program with the court and with the prosecutor not less than every six months.(i) A record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion of a diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred. The defendant may indicate in response to a question concerning his or her prior criminal record that he or she was not arrested or diverted for the offense, except as specified in subdivision (j). A record pertaining to an arrest resulting in successful completion of a diversion program shall not, without the defendant's consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate.(j) The defendant shall be advised that, regardless of his or her successful completion of diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to a peace officer application request and that, notwithstanding subdivision (i), this section does not relieve him or her of the obligation to disclose the arrest in response to a direct question contained in a questionnaire or application for a position as a peace officer, as defined in Section 830.(k) (1) As used in this chapter, "pretrial diversion" means the procedure of postponing prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication.(2) A pretrial diversion program shall utilize existing resources available to current or former members of the United States military to address and treat those suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of military service.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 

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