The Law Offices of Mark Deniz APLC

The Law Offices of Mark Deniz welcome Summer Interns Caroline Cabral, Chase Deniz, and Anna Robitaille

2026-07-13T16:48:58Z

The Law Offices of Mark Deniz APLC is proud to welcome our summer interns, Caroline Cabral, Chase Deniz, and Anna Robitaille. Each of them brings a strong work ethic, a genuine interest in the legal field, and an enthusiasm for learning more about criminal law.

Caroline Cabral is a student-athlete attending Boston University, where she also competes in tennis. Her experience balancing academics and athletics has helped her develop the discipline, focus, and time-management skills that are valuable in both the courtroom and the legal profession.

Chase Deniz is a student-athlete attending the University of Southern California, where he plays football. The commitment, preparation, and teamwork required at the collegiate level have translated well into his work at the firm as he gains exposure to criminal law practice

Anna Robitaille attends the University of California, Santa Barbara, and shares Caroline and Chase’s interest in the legal field, particularly criminal law. She has been eager to learn more about how cases move through the court system and how attorneys prepare and manage matters behind the scenes.

Throughout the summer, Caroline, Chase, and Anna are gaining valuable firsthand experience by attending court, observing courtroom proceedings, and learning how the criminal justice system operates beyond what is seen during a hearing or trial. They are also assisting with case management, courthouse tasks, and the many day-to-day responsibilities necessary to keep cases organized and moving forward.

An internship in a criminal defense office provides a unique perspective on the legal system. It allows students to see the importance of preparation, communication, attention to detail, and advocacy. It also gives them an opportunity to understand the responsibility attorneys have to their clients and the vital role that defense counsel plays in protecting constitutional rights and ensuring a fair process.

We are excited to have Caroline, Chase, and Anna as part of the Law Offices of Mark Deniz APLC team this summer. Their energy, curiosity, and willingness to contribute have already made them valuable additions to the office. We look forward to helping them continue learning and growing as they explore their interest in criminal law and their future careers in the legal field. If you or a loved one need help being accused of a crime in San Diego County, call us at (858) 751-4384.

Getting the best outcome on a San Diego Domestic Violence Case. Getting a case dismissed before court is the best working goal. From a former senior Domestic Violence Prosecutor PC 273.5

2026-01-19T23:26:50Z

I was talking to my colleague, Eve Maestre, about Domestic Violence matters here in San Diego. We have clients who find themselves the subject of criminal prosecution by San Diego prosecutors. In addition to potential criminal charges, they can find themselves facing restraining orders (that the significant other doesn't want), gun restraining orders (when a firearm had NOTHING to do with the case). It is essential to get your defense moving in a San Diego domestic violence matter. You want to call the Law Offices of Mark Deniz to find solutions. Contact us at (619) 736-3375 for a free consultation from a former DV prosecutor. 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 an effective approach is evident 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 to separate the accused from the 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 getting the best possible outcome. You want to show that the accused has good character, is well-regarded, 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 focus. It is the base of a comprehensive defense. Knowing the subject matter is crucial to finding the evidence you are looking for. 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 issues with the proof in a case. If the prosecution cannot prove its case, it will be motivated to resolve the matter in a way 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 use this opportunity to get started on tasks that can help lead to a favorable resolution. Proactive tasks can include: taking classes, seeking counseling, volunteering at a nonprofit, etc.

You want to call the Law Offices of Mark Deniz to find solutions. Contact us at (619) 736-3375 for a free consultation from a former DV prosecutor. In many cases, some unhealthy acts/traits/decisions came out and created actions that led to the arrest. The accused could have said things he knew would inflame the situation. What was said might not have been criminal, but the words took the event to a whole other level. I often tell my clients that there’s a difference between doing something wrong and committing a criminal act. An accused should want to take the opportunity to improve themselves and their relationship. What someone does not want to do is claim they did nothing wrong, declare themselves a victim, and lay blame on other people. If there was anger and your actions were unhealthy, 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-duty military and veterans are dealing with issues stemming from their service. In these matters, someone can work with providers and the Veterans Affairs Department (VA) to get help. The Law Offices of Mark Deniz often crafts a resolution that includes treatment as part of a favorable outcome, which, in many cases, results in a dismissal. Another option is counseling, which can be an invaluable tool. After the accused has found help for personal issues, we usually recommend seeking relationship counseling, especially if they are staying in the relationship. However, we do not recommend starting with couples counseling. The accused should first start with personal counseling. They can then pivot to tackling relationship issues after some time.You want to call the Law Offices of Mark Deniz to find solutions. Contact us at (619) 736-3375 for a free consultation from a former DV prosecutor. An Arrest Can Be A Wakeup Call When a prosecutor is deciding whether to file charges, 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 often follows a cycle, moving 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.”You want to call the Law Offices of Mark Deniz to find solutions. Contact us at (619) 736-3375 for a free consultation from a former DV prosecutor. CONCLUSION You want to be proactive in Domestic Violence cases. You may stop the train before it gets to the station. You want to call the Law Offices of Mark Deniz to find solutions. Contact us at (619) 736-3375 for a free consultation from a former DV prosecutor.

Skywatch Tower displaces prostitution hotspot

2025-05-06T17:14:00Z

National City authorities recently combated the persistent issue of prostitution by installing a surveillance tower known as the "Skywatch" tower. This initiative comes in response to the growing concerns of local businesses and residents about the visible presence of prostitution in the area, which is said to be an $800 million industry locally. They placed the surveillance tower in the back lot of a business along Roosevelt Avenue. According to Lt. Vincent Fernando, who oversees the prevention efforts, the tower has cameras that record activities around it to discourage individuals from engaging in illegal transactions and gather evidence on those who do. The presence of the tower has indeed reduced foot traffic in the immediate vicinity, suggesting a decline in prostitution activities directly under its watchful eye.

Same issue, different locale

While a general deterrence is the goal, new reports indicate that the prostitution business simply shifted to other areas, notably along Dalbergia Street in San Diego, just north of Main Street. This relocation highlights a significant challenge in addressing prostitution: While surveillance can deter activities in one area, it often pushes the problem to nearby locations rather than eliminating it. Local businesses have expressed mixed feelings about the surveillance tower. While some appreciate the immediate reduction in suspicious activities near their premises, others are concerned about the broader implications, including less foot traffic in the neighborhood. Bobby Barrera, an employee at San Diego Leather on Roosevelt Avenue, mentioned that while the initial presence of prostitution was shocking, the community had somewhat acclimated to it.

Safer Streets For All further complicates probable cause

The broader context of this initiative is framed by Senate Bill 357, also known as the Safer Streets for All Act. This legislation aims to protect individuals from discriminatory arrests based on the clothes they wear or their profession. Authorities say this legislation complicates enforcement efforts, as law enforcement officers like Lt. Fernando point out that it is more difficult to stop individuals. County District Attorney Summer Stephan has been vocal about needing tougher penalties and more robust enforcement measures. She emphasizes that many individuals involved in prostitution are victims of sex trafficking, often coerced into the trade at a young age. Data from The Ugly Truth San Diego underscores the severity of the issue, with estimates of 3,000 to 8,000 sex trade workers each year.

Not really a solution

While the Skywatch surveillance tower in National City has had a localized impact on reducing prostitution, the displacement of activities to areas like Dalbergia Street underscores the complexity of the issue. It also proves that rehabilitation remains a true long-term solution, while severe penalties and heightened law enforcement presence alone do not reduce overall criminal activity.

Understanding domestic violence charges in CA: misdemeanor vs felony

2025-12-02T12:19:48Z

In California, the severity of a domestic violence charge, whether it’s a misdemeanor or a felony, depends on the level of harm inflicted and other factors surrounding the situation. California law defines battery as using force or violence against another person intentionally. When this happens in a family or romantic relationship, it can be considered domestic violence.

Misdemeanor domestic violence

Under Penal Code Section 243(e)(1), a prosecutor may charge an individual with misdemeanor domestic violence. This typically occurs in cases of:

First-time offense
No serious injuries
No use of weapons

For example, if someone pushes their partner during an argument but does not cause injury, it might be a misdemeanor. Consequences can include up to one year in county jail, fines up to $2,000, mandatory counseling programs, and probation.

Felony domestic violence

Even for misdemeanors, the consequences can be serious. A domestic violence charge can affect your job, housing, and relationships. A felony domestic violence charge is more severe. It is applicable when there are certain factors, such as:

Serious injuries
Use of weapons
Repeated offense
The victim is a child

For instance, if someone breaks their partner’s arm or uses a knife to threaten them, it would likely be a felony. Penalties can include up to two to four years in state prison, fines up to $6,000, extended probation periods, and loss of gun rights.

Restraining orders

In both misdemeanor and felony cases, courts often issue a protective order. This tells the accused to stay away from the victim and not contact them. Violating a restraining order can result in felony charges. If you or someone you know is facing domestic violence charges, seeking legal advice is crucial. An experienced attorney can help understand the charges and the complex legal system, build a strong defense and protect the defendant’s rights. Regardless of whether it’s a misdemeanor or felony, domestic violence charges are serious. Understanding these charges and consulting with a legal professional is essential for anyone facing legal action.

Misunderstandings sometimes lead to domestic violence charges

2025-12-02T12:19:53Z

Often, only the defendant and alleged victim know the truth of what happened leading up to an arrest on domestic violence charges. By the time the police arrive, any potentially criminal activity is often over. And there may be no witnesses besides the alleged victim and accused person. As a result, misunderstandings are not uncommon. Police in the San Diego area have a mandate to make an arrest if they have probable cause to believe domestic violence occurred. But such things are not always clear. What might appear to be clear domestic abuse at the scene could have a reasonable explanation.

Charges dropped over Christmas argument

That appears to be what happened in a domestic violence case against an Encinitas politician in which prosecutors dropped the charges before trial. A defense attorney for a former mayoral candidate of Encinitas in 2022, said that police misinterpreted an argument between Morris’ wife and daughter on Christmas Day and incorrectly arrested him. The defendant got in between them to try to break it up, and “somebody called the police,” according to the attorney. But there was no physical violence from anybody, he said. Prosecutors said they dismissed the charge because they could not get in touch with the defendant’s wife or daughter, the only witnesses to the alleged crime. Without their cooperation, the authorities had little to no evidence of domestic assault. While many alleged victims do not cooperate with police or prosecutors for various reasons, it could be that in this case, the wife and daughter agreed that Morris was not violent and did not want him convicted. What this story demonstrates is that getting arrested does not mean there is an air-tight case against you. Mandatory arrest rules and human error can lead to wrongful domestic violence arrests. Then you would need smart legal defense from an experienced attorney to fight the charges and avoid injustice.

Military diversion a great tool to use in San Diego criminal Matters, DUI, Domestic Violence

2025-01-28T20:25:43Z

I worked for almost 10 years as a prosecutor. Several years ago I opened my own practice as I felt the desire to help people and a change in my life. In my last five years as a prosecutor, my primary focus was DUI defense. As a prosecutor in a jurisdiction with a large military population, it was obvious that some cases were due to PTSD issues. At that time, we considered military service and PTSD as a mitigating factor.

When I opened my own practice, I now have time to sit and talk to these people. They are good people who have an undying love for our country. What separates the clients who have PTSD is that this was not a “bad choice” to drink. It was an escape from a terrible latent condition they suffer from. Alcohol is a great way to hide and avoid PTSD symptoms. It is socially acceptable and easy to obtain. There is no a stigma when used. 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.”

What Is The Military Diversion Program?

The military diversion program is for current or former U.S. military members who have been charged with a misdemeanor offense. Before being admitted to a pretrial diversion program, the defendant must meet the eligibility criteria. The Superior Court of California, County of San Diego has a Military Diversion informational sheet with information regarding eligibility, the admissions process, and more.

Get Experienced Defense On Your Side

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. Our firm will continue to craft our approach to get veterans the best resolutions in their cases. 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 [nap_phone id="LOCAL-CT-NUMBER-2"] to get the ball rolling.

More Information On Military Diversion

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 [nap_phone id="LOCAL-CT-NUMBER-2"] 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.

What Is California Penal Code 1001.80 Military Diversion?

Our nation’s men and women in uniform experience a unique set of personal and physical challenges. The California court system recognizes this and has authorized military diversion as an available sentencing alternative for some veterans and active military men and women. If you are a man or woman in the military and you are distressing from psychological problems, then you might qualify for military diversion. In simple terms, you would be subject to the rules and conditions of military diversion instead of being sentenced to jail or prison. Military diversion is codified in the California law books under Penal Code 1001.80. It is considered a type of pre-trial diversion. In other words, instead of going through the normal criminal procedure process, you will be required to obtain mental health treatment. California Penal Code 1001.80 Military Diversion is only available for those who are facing misdemeanor charges. In addition, you must be either a veteran or an active duty man or woman in the military. Under California Penal Code 1001.80 Military Diversion, you are not required to make a plea of guilty or nolo contendere. Instead, the court will push back your criminal hearings while you complete the terms and conditions of your California Penal Code 1001.80 Military Diversion program. This usually consists of drug or mental health treatment or educational programs. If you finish all the terms and conditions of your California Penal Code 1001.80 Military Diversion program, the charges you faced will be discharged. However, if you do not complete the terms and conditions of your California Penal Code 1001.80 Military Diversion program, the criminal hearing process will unfreeze and you will face criminal charges as before.

How Do You Qualify For California Penal Code 1001.80 Military Diversion?

You may qualify for California Penal Code 1001.80 Military Diversion if, due to your time in the military, you experienced Post-Traumatic Stress Disorder (PTSD), sex related distress, brain damage, drug abuse, or other psychological issues. It is important to note that the problems you are facing must have arisen from your time in the military. Also, you only qualify for California Penal Code 1001.80 Military Diversion if you have never been convicted of a crime in the past. If you have a previous conviction on your criminal record, then you will probably be directed to Veteran’s Court, which is discussed at length below. Veteran’s court is a more regulated and supervised process than California Penal Code 1001.80 Military Diversion. Remember, to qualify for California Penal Code 1001.80 Military Diversion, you must be charged with a misdemeanor(s) only. If you are charged with a felony, then you do not qualify for California Penal Code 1001.80 Military Diversion. Offenses commonly seen with California Penal Code 1001.80 Military Diversion include, but is by no means an exhaustive list, the following: driving under the influence, possession of illicit substances, battery, and/or assault. To get California Penal Code 1001.80 Military Diversion, your California Criminal Defense Attorney will have to make a formal request with the judge. In many cases, the judge may require a formal review of the situation to help them determine whether or not to grant California Penal Code 1001.80 Military Diversion. If the judge decides that you qualify for California Penal Code 1001.80 Military Diversion, then you will be submitted into the pretrial diversion program. For a maximum of two years, the criminal hearing process will be frozen while you complete the terms and conditions of the California Penal Code 1001.80 Military Diversion program. Again, this typically consists of medical or psychological treatment.

What Treatment Plans Are Available Under California Penal Code 1001.80 Military Diversion?

The judge will decide whether or not 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 Veteran’s Affairs. If not, they might choose a program that could be collaborating with these departments to make sure you get the best possible services and opportunities available to you. There is also a chance 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, to communicate and coordinate with your local veteran’s service manager, and to file periodical reports with the court handling your case. In your California Penal Code 1001.80 Military Diversion treatment plan, the court can require you to meet all sorts of terms and conditions. Some examples of California Penal Code 1001.80 Military Diversion terms and conditions include, but are not limited to, the following: attend regular treatment meetings, meet with a counselor or therapist, drug or alcohol testing, and turning in regular progress reports from the agencies or organizations overseeing your care. Usually, a California Penal Code 1001.80 Military Diversion treatment plan can take an average of one to one and a half years. However, they could go up to two years. California Penal Code 1001.80 Military Diversion does not allow the diversion to take longer than two years. Keep in mind that the judge has the option of prematurely ending your California Penal Code 1001.80 Military Diversion program. They will review the periodical reports sent to the court and make a determination whether to terminate your California Penal Code 1001.80 Military Diversion program based on the following: You are not satisfactorily completing the terms and conditions of your California Penal Code 1001.80 Military Diversion or you are not improving from the treatment that is being provided for you. In the situation the judge decides to prematurely end your California Penal Code 1001.80 Military Diversion program, the criminal hearing process will unfreeze and you will face the criminal charges as before. 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 [nap_phone id="LOCAL-CT-NUMBER-2"] to get the ball rolling

What Happens To Your Arrest History Under California Penal Code 1001.80 Military Diversion?

As discussed above, if you complete all the terms and conditions of your California Penal Code 1001.80 Military Diversion program, then the charges you originally faced will be discharged. Also, if you successfully complete the California Penal Code 1001.80 Military Diversion, the arrest related to the charges against you cannot be used to deny you a job, license, or certificate. You will be able to honestly say, to a question asking about your criminal history, that you were never arrested or diverted for the relevant charges/offense. However, there is an exception if you are applying to be a police officer. In this case, you are required by law to reveal the arrest on an application if it were to come up. Furthermore, the federal justice department is allowed to reveal the arrest to an agency supervising the hiring process for policemen or policewomen. Also, if you are facing charges related to driving, successfully completing the California Penal Code 1001.80 Military Diversion program may not affect your standing with the Department of Motor Vehicles. The DMV has the power to suspend or restrict your driving privileges outside the power of the criminal justice system. Hence, if you are charged with driving under the influence, you might still lose your license. However, your California Criminal Defense Attorney can help represent you at an administrative DMV hearing. At this hearing, your California Criminal Attorney can fight for your driving privileges to be reinstated as quickly as possible. 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 [nap_phone id="LOCAL-CT-NUMBER-2"] to get the ball rolling

Post Traumatic Stress Disorder: A California Criminal Defense

If available, your California Criminal Defense Attorney can argue Post Traumatic Stress Disorder as a full legal defense to the charges you face. It falls under the insanity defense. Additionally, your California Criminal Defense Attorney can be utilized to reduce the sentence you faced if you are convicted of a crime. The judge will consider Post Traumatic Stress Disorder as a factor in reducing the punishments he might issue. Your California Criminal Defense Attorney can win your case on the Post Traumatic Stress Disorder defense if they can prove that the crime was committed during a period of time when you were legally insane. There are two separate facts that your California Criminal Defense Attorney must show to qualify you as legally insane. At the time of the incident in which a crime was alleged, your California Criminal Defense Attorney must show that you did not comprehend the nature of your conduct. Secondly, they must show that you could not tell the difference between the right conduct and 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 you get to walk away completely free. The judge will send not send you to jail or prison, but he will require that you be committed into a hospital that treats psychological issues. Evidence of PTSD can be used beyond just as a legal defense. At sentencing, it could be used to mitigate the punishment you receive. Your California Criminal Defense Attorney will need to demonstrate that your psychological suffering leads to the crime that took place. As a result, the court will lessen the punishment they planned on giving you. As a result, you may get less prison time, a smaller period of probation, or even the option of getting treatment instead of going to prison at all. 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 [nap_phone id="LOCAL-CT-NUMBER-2"] to get the ball rolling

Can domestic violence charges be dropped in California?

2025-12-02T12:19:57Z

Getting charged with domestic violence can be frightening. Being accused of assaulting your spouse, partner, child or other family member in your home can feel like your world is falling apart. Along with potentially getting thrown out of your home and prohibited from seeing your children, you could be facing serious jail time and a very troubling criminal record. But keep in mind that a domestic violence charge does not automatically mean a conviction in California. San Diego County prosecutors choose to drop domestic assault charges routinely for various reasons, including:

Lack of evidence. Like any other crime, the prosecution must prove beyond a reasonable doubt that you committed domestic violence. Specifically, they must prove that you 1) willfully touched another person 2) in a harmful or offensive way, and 3) the person touched was your “intimate partner.” If there is not enough evidence to support any one of these three elements, the prosecutor will often choose not to pursue charges.
Inconsistent statements. Alleged victims generally make two statements — the one to the responding police officer and a written statement later on. Differences in the statements can mean the alleged victim is not telling the truth and convince the prosecutor that the case is too weak to pursue a conviction or plea bargain.
No independent witnesses. Most domestic violence accusations come down to the alleged victim’s word against the defendant’s. Without testimony from someone else at the scene of the alleged abuse or physical evidence like signs of injury, the prosecution must decide if the victim’s statement is credible.

A domestic violence accusation should be taken seriously, but a claim that you committed it is not enough to convict you. Working with a defense attorney to help you confront the evidence and work toward a fair outcome.

How common are domestic violence charges in the military?

2025-12-02T12:20:14Z

Domestic violence is just as much of a problem in U.S. military families as it is for the civilian population. With tens of thousands of victims, many observers say the military is not doing enough to prevent abuse and prosecute offenders. Since 2018, domestic violence has been a distinct crime in the Uniform Code of Military Justice, instead of suspects being charged with general assault or other crimes. This move and a 2021 study by the Government Accountability Office about domestic violence incidents in servicemember families show that the government and military are taking the issue increasingly seriously.

Domestic violence accusations in the military

The study was based on data provided by the Department of Defense covering 2015-19. Over that time, the Defense Department received more than 42,000 reports of domestic abuse across all branches of the military. The Army recorded the single largest number of reports at 17,289, followed by the Air Force at 10,781, the Navy at 8,614 and the Marine Corps at 5,381. However, only the Army and Air Force kept accurate records over the five-year period. Many domestic violence incidents in the military likely went unreported, meaning the actual totals are likely larger.

Are all claims true?

As military law enforcement and courts face increasing pressure to prosecute domestic violence, it is likely that some servicemembers will face charges based on false accusations. Besides a jail sentence and damage to your military career, a restraining order could stop you from seeing your children or living in your home. Military law is a different system than the civilian version. When looking for a defense attorney to help you with domestic violence charges, someone who is experienced in military court as well as regular criminal law would give you the best possible advantage.

How a domestic violence arrest can affect your career

2025-12-02T12:20:17Z

In San Diego, everyone charged with a crime is presumed innocent until proven guilty. But this applies only to the court of law. The court of public opinion is a different matter. Just getting arrested, especially on a sensitive charge like domestic violence, can profoundly impact your life before you have had your day in court. Family and friends take sides, often assuming things about your case. A restraining order could force you out of your home and stop you from seeing your children. Once your employer finds out about the charge, they might punish or fire you.

TV producer/actor fired due to 2020 charges

All of this can happen to anyone arrested on suspicion of domestic assault, but this experience is especially likely in a high-profile incident that makes the news. A celebrity whose personal life can make front-page headlines is probably the most vulnerable to this scenario. The latest example of this is Justin Roiland, who produces and does voice acting for animated shows like Rick and Morty. It was recently revealed that Roiland was arrested in 2020 on felony domestic violence charges. He has pleaded not guilty and the case is still pending. Soon after the arrest came to light, Adult Swim, the network that airs Rick and Morty, announced that Roiland had been fired. Roiland co-created the series and voiced both lead characters. He also will no longer produce or act in Adult Swim’s Koala Man. Roiland also resigned from a video game company he co-founded. It should be pointed out that Roiland has not been convicted of a crime so far. But whether he ultimately is found guilty or not, the impact on his career and reputation has already happened. For the average person facing domestic violence accusations, the best way thing you can do to protect yourself from unfair outcomes is to retain an experienced defense attorney.

What proof is needed for a restraining order in San Diego?

2025-12-02T12:20:22Z

Having a restraining order imposed on you is not the same thing as being sent to jail, but it still has a huge impact on your freedom. Depending on the terms of the order, you could be prohibited from being near your spouse, partner and/or children. You could even be forced to move out of your home or quit your job if you live or work with the person who obtained the order. Thus, contesting the petition for a permanent restraining order against you makes sense most of the time. The stakes are too high to ignore the hearing where you get your chance to show that the evidence is not sufficient for the judge to grant the permanent order.

Clear and convincing evidence

California law states that the judge must grant a restraining order when the petitioner proves their case by “clear and convincing evidence.” This legal concept essentially means that the petitioner’s claims are highly probable to be true. While not as high of a standard of proof as the one used in criminal court, this is still a fairly tough burden on the petitioner.

Evidence you might expect at the hearing

Evidence commonly presented at the hearing includes:

Eyewitness accounts
Photos of injuries
Police reports
Copies of medical bills and other relevant bills

Though this is a separate process than any criminal charges pending against you, the hearing can resemble a trial in several ways. You can have an attorney representing you at the hearing. Your lawyer can also prepare you ahead of time so you know what to expect.