San Diego Military Diversion Lawyer Fighting For Former And Current U.S. Military Members
Last updated on November 13, 2025
At The Law Offices of Mark Deniz APLC, we are committed to defending the rights of those accused of crimes, including military service members. Our attorney, Mark L. Deniz has more than 20 years of experience in criminal law. Prior to opening his own practice, he worked for almost 10 years as a prosecutor in a jurisdiction with a large military population. He observed firsthand how many criminal cases were due to post-traumatic stress disorder (PTSD) issues. At that time, prosecutors considered military service and PTSD as mitigating factors.
When Mark opened his own practice, he finally had time to sit and talk to military service members with this condition. He found that they are good people who have an undying love for our country. He works tirelessly to help them mitigate or avoid the devastating consequences of a criminal conviction.
What Is The Military Diversion Program?
Military diversion is a pretrial program in California for current or former U.S. military members charged with certain misdemeanors or felonies. It allows them to receive treatment instead of going through the regular criminal process. If successful, the charges may be dismissed.
Military diversion is codified in the California law books under Penal Code § 1001.80. It is considered a type of pretrial diversion. In other words, instead of going through the normal criminal procedure process, you will be required to obtain mental health treatment and comply with other conditions of the program. For a maximum of two years, the criminal hearing process will be frozen while you complete the terms and conditions of the program.
The Superior Court of California, County of San Diego, has a military diversion informational sheet with information regarding eligibility, the admissions process and more.
Who Qualifies?
Military diversion is meant to be a one-time opportunity. To be eligible, you must:
- Be charged with a misdemeanor only (not a felony)
- Be a current or former U.S. military member
- Be experiencing issues like PTSD, traumatic brain injury (TBI), sexual trauma, substance abuse or mental health problems due to your service
- Agree to participate in the program and give up your right to a speedy trial
- Not have used military diversion before
If you’ve been convicted of the same or similar offense before, you may be better suited for Veterans Treatment Court, which offers more structure and support. It can also potentially lead to dismissal of criminal charges.
If you don’t qualify, you may still be eligible for mental health diversion under Penal Code §1001.36, as long as you meet the criteria for that program.
What To Expect During The Military Diversion Process
The process for pursuing military diversion involves many steps. Here are the basics:
- If you are eligible for the military diversion program, you must file an official request using form CRM-284 as early as possible.
- The court will pause your case and schedule a hearing.
- At least 15 days before the hearing, you must submit the appropriate paperwork and documentation, including:
- A motion explaining why you qualify
- Proof of military service
- A professional assessment of your condition from a qualified provider
- A treatment plan from a qualified provider
- The prosecution can respond to your request five days before the hearing.
If everything is ready early, you can request a hearing in three weeks. Otherwise, it may be scheduled 60 to 90 days out.
If you are a military veteran, you can pursue an assessment at 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.
What Happens At The Hearing?
If your request is approved, you’ll enter the diversion program for up to two years. You will need to follow a treatment plan, attend review hearings and show proof of progress. If denied, your case resumes as normal.
What Might Be Required In Order To Successfully Complete The Military Diversion Program?
Requirements may include:
- 12 to 24 months of treatment
- Issuance of a protective order against you (in domestic violence cases)
- 52-week Family Recovery Program at a regional Veterans Center (San Diego only) or a probation-certified Domestic Violence Recovery Program (DVRP) in domestic violence cases
- DUI programs like the First Conviction Program (FCP) or Mothers Against Drunk Driving (MADD) victim impact panels
- Random drug/alcohol testing
- Counseling or therapy
- Progress reports every 90 days
We can advise you of all the requirements that may apply to you.
What Treatment Plans Are Available?
The judge will decide whether you should be subjected to a federally based or a locally based treatment plan. The judge will consider programs that have a high success rate in treating veterans, or men or women in the military. The programs may be sponsored by the Department of Defense or the Department of Veterans Affairs. If not, they might choose a program that collaborates with these departments to make sure you get the best possible services and opportunities available to you.
There is also a chance that the judge might direct you to the local mental health governmental unit. This will only happen if the local mental health governmental unit consents to oversee your medical and psychological treatment, communicate and coordinate with your local veteran’s service manager and file periodic reports with the court handling your case.
Usually, a military diversion treatment plan can take an average of one to one-and-a-half years. However, it can take up to two years. The law does not allow the diversion to take longer than two years.
What If You Successfully Complete The Military Diversion Program?
Upon completion, your criminal charges will be dismissed. Your arrest is treated as if it never happened, with a few exceptions:
- The Department of Justice will still record the case outcome.
- You must disclose the arrest if applying to be a peace officer.
What If You Don’t Complete It?
If you’re not benefiting from the program or not complying, the court may end the diversion and restart the criminal case.
Keep in mind that the judge has the option to prematurely end your military diversion program. They will review the periodical reports sent to the court and make a determination whether to terminate your program based on the following:
- You are not satisfactorily completing the terms and conditions of the military diversion program.
- You are not improving from the treatment that is being provided for you.
If the judge decides to prematurely end your participation in the military diversion program, the criminal hearing process will unfreeze and you will face the criminal charges as before.
Military Diversion For DUIs
DUIs are among the most common charges faced by military service members. What separates the clients who have PTSD is that it is not a “bad choice” to drink; it is an escape from a terrible latent condition from which they suffer. Consuming alcohol is a way to hide and avoid PTSD symptoms. It is socially acceptable and easy to obtain. There is no stigma when a person uses it. Neil Diamond summed it up perfectly in his verse, “Red, red wine, go to my head, make me forget that I still need a soul.”
If you are a veteran or service member facing a DUI-related charge, you may qualify for the military diversion program. Contact our lawyer for guidance.
Post-Traumatic Stress Disorder: A California Criminal Defense
If available, our lawyer can argue PTSD as a full legal defense to the charges you’re facing. It falls under the insanity defense. Additionally, he can try to reduce the sentence you’re facing if you are convicted of a crime. The judge will consider PTSD as a factor in reducing the punishments they might issue.
Attorney Deniz can win your case on the PTSD defense if he can prove that the crime was committed during a period of time when you were legally insane. There are two separate facts that he must show to qualify you as legally insane:
- At the time of the incident in which a crime was alleged, our attorney must show that you did not comprehend the nature of your conduct.
- Secondly, he must show that you could not tell the difference between the right conduct and the wrong conduct.
This must be proven according to a particular level of certainty. For California criminal cases, a defense must be proven to the standard of a preponderance of the evidence. This means that a jury must conclude that it was more likely than not that, at the time of the incident in which the alleged crime was committed, you were legally insane. If this is shown, this does not mean that you get to walk away completely free. The judge will not send you to jail or prison, but they will require that you be committed to a hospital that treats psychological issues.
Evidence of PTSD can be used for more than just a legal defense. At sentencing, it can be used to mitigate the punishment you receive. Our California criminal defense attorney will need to demonstrate that your psychological suffering led to the crime that took place. As a result, the court may lessen the punishment it planned on giving you, meaning you may get less prison time, a smaller period of probation or even the option of getting treatment instead of going to prison.
Get A Strong Defense From A Former Prosecutor | Learn If You Qualify For Military Diversion
If you are a military service member facing criminal charges, you deserve an aggressive defense. Our lawyer can advocate for you and help you pursue military diversion if you qualify. He will work tirelessly to shield you from a conviction. To talk with him about your case, contact us online or call us at 858-429-9982 to get the ball rolling.