Arraignment is when you appear in court to hear the formal charges against you and enter a plea of not guilty. Arraignment is often a quick proceeding, and you will have to appear in person.
The court tends to act as a mediator while the case is ongoing. After the court has set the bond amount and you plead not guilty to the charges, the judge will give you and your attorney an opportunity to argue for a no-negative contact order or a full protective order.
Protective orders are often issued at the time of arraignment. That’s an order issued by the court preventing you from having any contact with the victim. This will usually cover the timeframe while the case is pending, but it can be amended depending on the circumstances. To me, this is an important part of the arraignment for most people. You want to make sure there is no order kicking you out of the home or restraining you from your significant other (who may want you home). When you have been arrested for Domestic Violence, you want to work on getting the best possible outcome. Get an award-winning former domestic violence prosecutor on your side. Other defense attorneys get trained on DV defense by our firm. We have proven results forged by experience. We have written a published book on Domestic Violence defense. If you want the best possible outcome, contact (858) 751-4384 to get the ball rolling.
No Negative Contact Order vs. Criminal Protective Order
The main difference between a no negative contact order and a full criminal protective order is that the former allows you to still be around your spouse during the duration of the case. A full protective order prevents you from coming into contact with your spouse within a certain amount of feet or else you are looking at additional charges for violating this order. Also, full protective orders and no negative contact orders can be modified at any time.
Usually, if the evidence is strong against you it is in your best interest to start doing anger management classes or parenting classes to get the court to minimize the restrictions. Also, a mitigation packet including all the things that show you are a productive member of society helps in arguing for a no negative contact order as well. A full criminal protective order is a way to separate families for long periods of time. They are similar to Temporary Restraining Orders in the civil courts.
There is virtually no discussion about resolving the matter at arraignment. After arraignment, there will be a pretrial date set. A pretrial conference is when the defense attorney is conferring with the judge and prosecutor. This is usually done in court in the judge’s chambers (in the back area of the courtrooms). This is a meeting with the lawyers and judges only. There can be one pretrial conference, while in other matters there may be more. There are usually more hearings to examine the evidence, confer with the prosecution, and talk resolution of the matter. Generally, there is an effort during the pretrial stage to settle the case without going to trial.
In addition to this, there should be a consistent back-and-forth of communication from the prosecution and defense. It may be emails, phone calls, office visits, etc. The goal is to work to resolve the matter. When you have been arrested for Domestic Violence, you want to work on getting the best possible outcome. Get an award-winning former domestic violence prosecutor on your side. Other defense attorneys get trained on DV defense by our firm. We have proven results forged by experience. We have written a published book on Domestic Violence defense. If you want the best possible outcome, contact (858) 751-4384 to get the ball rolling.
]]>What Happens After Someone Is Arrested For Domestic Violence Charges
When people call the police to diffuse a situation, they are often surprised to find out that they’re the ones who are ultimately arrested for committing a domestic violence crime. The Police often conduct a quick investigation and conclude who is the aggressor and see a scenario that may contain charges of domestic violence or battery, intimidating or dissuading a witness, false imprisonment, vandalism, and criminal threats (described in greater detail above).
When clients come into my office, they discover not only are they charged with domestic violence, but they have also been charged with one of the usual secondary charges that are associated with DV. They learn that domestic violence matters can be charged as both a felony and a misdemeanor. No matter what the police arrest you for, you want to be proactive and begin working for the best possible outcome. When you have been arrested for Domestic Violence, you want to work on getting the best possible outcome. Get an award-winning former domestic violence prosecutor on your side. Other defense attorneys get trained on DV defense by our firm. We have proven results forged by experience. We have written a published book on Domestic Violence defense. If you want the best possible outcome, contact (858) 751-4384 to get the ball rolling.
The big question is “What is going to happen now”? Every case is different (based on the facts of the specific event), but it is important to know the stages of a domestic violence matter.
1. Arrest
When someone is arrested on domestic violence charges, they are taken into custody and booked into jail. In most cases, these people need to get back home and to work, so they post bail. Once that occurs, the police officers may prepare and file an emergency protective order (temporary restraining order) against that person. The individual who was arrested cannot come within 100 yards of the property or the other person who was part of the incident. That could be devastating for the accused and leave him vulnerable. This person has been arrested and spent thousands on bail, and it is now illegal for him to go back home. An officer will now have to escort the accused to their house to get any kind of belongings they may need. For a week to ten days, this person will have to stay with family or friends—or at a hotel—while that emergency protective order is in place. It is then up to the prosecution and/or judge to decide if that emergency protective order should be extended.
The intended purpose of the emergency protective order, in theory, is to provide the victim time to pursue a restraining order against an abuser. The victim has around a week to do what she will need to get a restraining order served. The reality is, in many cases, the victim usually does not want any charges filed, and they do not want a restraining order. Even in these cases, it is still illegal for the arrested party to come home while the temporary orders are in effect.
Police officers have varying levels of discretion when it comes to the emergency protective order, which differs from agency to agency. A lot of law enforcement agencies inform their patrol officers to cover themselves and file the emergency protective order in most situations on behalf of the alleged victim. Hypothetically, if the police officer stands down and no order is in place and the accused returns two days later, badly hurting his partner, that officer could find their job in jeopardy. That potential liability often leads officers to say, “I’m going to cover my butt,” so they place the protective order on the accused. It's unfortunate, but understandable why the police officers do that. Domestic violence matters usually result in the arrest of a suspect. Once out of jail, the accused needs to begin repairing his reputation as much as possible before going to court or facing unwarranted consequences.
****I find it useful to imagine a person’s file. That file is now on train and that train is on a track and will make it to its final destination (court). There are several stops along the way. In a perfect world, you want to track the progress of the file and do what you can to ultimately try to “stop the train” from getting to the final destination (court), and have the event rejected/dismissed.
2. The case goes to a Sergeant and/or a Detective
After the arrest, a patrol officer will write up the arrest report. They will package the information to send it to the next phases, which is usually a senior officer who is better seasoned and trained in Domestic Violence matters. This is when law enforcement looks more in-depth to examine and confirm the patrol officer’s assessment of the event.
Determining Who Is The Aggressor In A Domestic Violence Matter
Each law enforcement agency has basic domestic violence training that may differ slightly from agency to agency, but generally, a patrol officer is supposed to come on the scene and assess who is the aggressor. They quickly decide who is wearing the black hat (the bad person) and who is wearing the white hat (the good person). Unfortunately, the reality is that often the people involved are both wearing gray hats, and both had a hand in the incident. Both crossed lines and neither did anything more than the other. However, grey does not work for police. Their job is to label people “aggressor” or “victim”.
Demeanor May Decide Who Is The Aggressor
When the police come to a scene, they're going to interview both individuals. They usually separate the parties and begin talking to them. Sometimes, the police make very quick assumptions about who is going to be the victim and who is going to be the aggressor. They often base this decision on someone’s demeanor. When the police arrive, someone might be more angry or uncooperative with the police because they are very emotional. It is found out later that the more cooperative person is the aggressor, and they cause most of the situation. At the scene, police do not dig too deep to find out that fact. When the officers investigate the scene, the reality is the calmer person usually feels guilty, retracting after realizing she’s driving against traffic. However, the police conclude that this person is the alleged victim and arrest the other person.
A common scenario is where a husband says something very mean to his significant other. He knows he shouldn’t have said what he said to them. He knows it crossed the line. As a result of the statement, the significant other ends up very emotional. When the husband tries to apologize, they push him away, scratching him in the process. When the police arrive on the scene, the significant other is screaming and emotional. The police see the calm husband with scratches and conclude he is the victim. That significant other could end up being arrested because the officers are making assumptions based on a brief investigation without diving into the full context of what happened.
The detective may or may not contact the “victim”, who I call a complaining witness.
The Impact Of The Other Party (aka Victim) Dropping Charges
A common misconception is if an alleged victim recants domestic violence allegations that the charges will be dropped. In the old days, that was the case and the victim got to decide whether to prosecute or not. However, the logic now is that if that person is in an abusive relationship, they are not able to make a rational decision because of pressure, previous abuse, or potential future threats of abuse. The other party may get pressure not only from the accused but from family, friends, and even society. People will call a victim saying, “What are the kids going to do if the accused loses his job?” Or “Do you want to ruin their life?” This pressure can lead to victims dropping the charges, even when they don’t want to.
For these reasons, the government took the decision-making process away from “victims”. So, does the victim wanting to drop charges carry any weight with the government? It can. The prosecution will take into consideration their opinion when taking in the totality of the evidence and situation. It can carry more weight when it is part of a comprehensive defense. When you have been arrested for Domestic Violence, you want to work on getting the best possible outcome. Get an award-winning former domestic violence prosecutor on your side. Other defense attorneys get trained on DV defense by our firm. We have proven results forged by experience. We have written a published book on Domestic Violence defense. If you want the best possible outcome, contact (858) 751-4384 to get the ball rolling.
3. The case gets to the District Attorney for prosecutor review
Getting Domestic Violence Charges Dismissed Before Court
I am a firm believer in being proactive and encouraging clients to seek out ways to individually grow after a domestic violence (DV) incident. By acting quickly to get an experienced, capable lawyer on your side, many DV charges can be dismissed before they even reach a court. By getting the ball rolling early in the process, you can have the time to challenge the government’s evidence and take steps such as preparing mitigation packets to build your case for dismissal or a reduced charge. Our success in implementing a successful approach can be seen in the many positive reviews, testimonials, and awards our attorneys have received.
Our firm focuses on three distinct areas when developing a legal strategy for a defense:
• Showing Character. The first step is separating an accused from other defendants. Unfortunately, the Public Defender’s office does not meet with its clients before being appointed. Furthermore, many private defense attorneys focus primarily on the facts of the case and evidence. As a former domestic violence prosecutor, establishing a good character for the accused is vital to get the best possible outcome. You want to show the accused has good character, is trusted by people, and is an asset to the community.
• Finding Legal Issues And Calling Out all Weaknesses present in the prosecution’s Case.
Examining and scrutinizing the prosecution’s case is the most important area to focus on. It is the base of a comprehensive defense. Knowing the subject matter is crucial to finding what you are looking for in terms of evidence. What is not present in the prosecution’s facts is as important as what they possess. That is why it is key to retain an attorney who has the approach, experience, and success with domestic violence cases. You want to highlight for the prosecution the proof issues in a case. If the prosecution cannot prove their case, they will be motivated to resolve the matter that ends with the accused winning.
• Being Proactive. When someone is arrested on DV charges, they quickly realize how much punishment they may be exposed to. As their case evolves, the case begins to fall within a certain area on the spectrum of best- and worst-case scenarios. Once a case starts forming its framework, you want to be proactive. You can utilize this opportunity to get started on tasks that can help bring a favorable resolution. Proactive tasks can include: taking classes, seeking counseling, volunteering at a nonprofit, etc.
Premier Domestic Violence Law Group is dedicated to always being proactive. In many cases, some unhealthy acts/traits/decisions came out and created actions that led to the arrest. The accused could have said the wrong things that he knew were going to inflame the situation. What was said might not have been criminal, but the words took the event to a whole another level. I often tell my clients, there’s a difference between doing something wrong and committing a criminal act. An accused should want to take the opportunity to make themself and their relationship better. What someone does not want to do is claim they did nothing wrong, declare themselves as a victim, and roll out blame on other people.
If there was anger, and your actions were unhealthy, then you should start taking anger management courses. Maybe there is an alcohol problem that negatively affects the relationship. Perhaps existing mental health issues cause anxiety or post-traumatic stress disorder (PTSD) that strains the relationship. In San Diego County, we have a large military contingent. Many active military and veterans are dealing with these issues that stem from their service. In these matters, someone can work with providers and the Veterans Affairs Department (VA) to get help. Premier Domestic Violence Law Group often crafts a resolution that has treatment as part of a favorable outcome, which in many cases ends in a dismissal.
Another option is counseling, which can be an invaluable tool. After the accused can find help for personal issues, we usually recommend seeking relationship counseling, especially if they are staying in the relationship. However, we do not recommend that start with couples counseling. The accused should first start with personal counseling. They then can pivot to tackling relationship issues after some time.
An Arrest Can Be A Wakeup Call
When a prosecutor is deciding whether to file charges or not, we want to confidently say, “This has been a wake-up call, and I will not return to a ‘back to business as usual’ mentality.” The prosecutors want to be assured that this isn’t going to be a vicious cycle or happen again in this or a new relationship.
People often swear they're never going to get into a DV situation again, and things seem to get better for a time. However, bad habits come back and issues start reappearing. DV is often a cycle, going from one phase to another. The cycle of violence is real. We encourage our clients to be proactive and say, “I’ve got to break that wheel.”
The prosecutor will ultimately make a decision to issue charges or reject and dismiss charges.
When you have been arrested for Domestic Violence, you want to work on getting the best possible outcome. Get an award-winning former domestic violence prosecutor on your side. Other defense attorneys get trained on DV defense by our firm. We have proven results forged by experience. We have written a published book on Domestic Violence defense. If you want the best possible outcome, contact (858) 751-4384 to get the ball rolling.4. Arraignment
Arraignment is when you appear in court to hear the formal charges against you and enter a plea (you hopefully will be entering a plea of not guilty). Arraignment is often a quick proceeding, and in almost all cases, you will have to appear in person.
The court tends to act as a mediator while the case is ongoing. After the court has set the bond amount and you plead not guilty to the charges, the judge will give you and your attorney an opportunity to argue for a no-negative contact order or a full protective order.
Protective orders are often issued at the time of arraignment. That’s an order issued by the court preventing you from having any contact with the victim. This will usually cover the timeframe while the case is pending, but it can be amended depending on the circumstances. To me, this is an important part of the arraignment for most people. You want to make sure there is no order kicking you out of the home or restraining you from your significant other (who may want you home).
No Negative Contact Order vs. Criminal Protective Order
The main difference between a no negative contact order and a full criminal protective order is that the former allows you to still be around your spouse during the duration of the case. A full protective order prevents you from coming into contact with your spouse within a certain amount of feet or else you are looking at additional charges for violating this order. Also, full protective orders and no negative contact orders can be modified at any time.
Usually, if the evidence is strong against you it is in your best interest to start doing anger management classes or parenting classes to get the court to minimize the restrictions. Also, a mitigation packet including all the things that show you are a productive member of society helps in arguing for a no negative contact order as well. A full criminal protective order is a way to separate families for long periods of time. They are similar to Temporary Restraining Orders in the civil courts.
5. Pretrial Conferences Phase
After arraignment, there will be a pretrial date set. A pretrial conference is when the defense attorney is conferring with the judge and prosecutor. This is usually done in court in the judge's chambers (in the back area of the courtrooms). This is a meeting with the lawyers and judges only. There can be one pretrial conference, while in other matters there may be more. There are usually more hearings to examine the evidence, confer with the prosecution, and talk resolution of the matter. Generally, there is an effort during the pretrial stage to settle the case without going to trial.
In addition to this, there should be a consistent back-and-forth of communication from the prosecution and defense. It may be emails, phone calls, office visits, etc. The goal is to work to resolve the matter.
6. Jury Trial
If the parties are unable to come to a resolution, then the matter will proceed with a full trial on the domestic violence charges.
This is the formal proceeding where the prosecution has to prove the charges beyond a reasonable doubt by a unanimous jury. Each side presents evidence, and then the jury will make a decision. Statistically, very few cases go to jury trial. However, a good defense works in a trial situation from the outset. You want to work for the best outcome, but plan and have a solution for the worst-case scenario.
Every case is different. The way to the best possible outcome is to retain an experienced, domestic violence attorney and start getting proactive.
When you have been arrested for Domestic Violence, you want to work on getting the best possible outcome. Get an award-winning former domestic violence prosecutor on your side. Other defense attorneys get trained on DV defense by our firm. We have proven results forged by experience. We have written a published book on Domestic Violence defense. If you want the best possible outcome, contact (858) 751-4384 to get the ball rolling.Call now and let’s get the ball rolling.
]]>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.
I am anxious to see what happens to the bill. In the meantime, our firm will continue to craft our approach to get veterans the best resolutions in their cases. Contact the Law Offices of Mark Deniz, APLC to get the ball rolling.
Below is more information on Military Diversion.
ELIGIBILITY CRITERIA – What needs to be satisfied to be admitted into the military diversion.
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, the 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
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 counseling, 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.
California’s military diversion program establishes a pretrial diversion program for current and former members of the U.S. military who are charged with a misdemeanor offense. Under Penal Code, section 1001.80, subdivision (a), the military diversion program applies to a defendant accused of a misdemeanor offense, who was or currently is a member of the United States military, and who may be suffering from sexual trauma, traumatic brain injury[TBI], post-traumatic stress disorder [PTSD], substance abuse, or mental health problems as a result of his or her military service.” If a defendant meets this criteria, the Court may place him or her into a pretrial diversion program.
This is a link to an Eligibility Assessment Resources Guide, the purpose of which is to provide defendants and their counsel with resources that may be able to assist in assessing whether the defendant is eligible to be considered for diversion. These resources are not exhaustive or exclusive. Defendants and their counsel may seek to establish eligibility through other organizations, agencies, and means. A determination that a defendant meets the criteria for eligibility by any person, agency or organization, including those listed above, is not binding on the Court and may be subject to a contested evidentiary hearing. Prior to opening his law firm, Attorney Mark Deniz was a Deputy District Attorney for almost 10 years with an intimate knowledge of the various consequences a conviction may cause. Mark Deniz will aggressively defend your case by exploring every angle and argument to ensure you have the best defense possible. Contact the Law Offices of Mark Deniz at 858-751-4384 to get the ball rolling. Penal Code 1001.80 (a) This chapter shall apply to a case before a court on an accusatory pleading alleging the commission of a misdemeanor offense if 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 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 is not 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 a 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 defendant’s 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 of 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 the 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. (l) Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a pretrial diversion program in accordance with this section includes a misdemeanor violation of Section 23152 or 23153 of the Vehicle Code. However, this section does not limit the authority of the Department of Motor Vehicles to take administrative action concerning the driving privileges of a person arrested for a violation of Section 23152 or 23153 of the Vehicle Code.