How to Most Effectively Defend Veterans in the Criminal Justice System?
Far too often, a San Diego criminal lawyer will represent a former or current military serviceman or servicewoman and take the same approach with the case as if they were representing a school teacher or an unemployed client. It is essential that the defense attorney you hire to represent you in defense of criminal charges be well-versed in any and all alternatives to incarceration, and be prepared to adapt their theory of defense on each case to the specific needs of the client.
Defending Criminal Cases Using Penal Code Section 1170.9
PC 1170.9(a)-(b) states:
(a) “In the case of any person convicted of a criminal offense who would otherwise be sentenced to county jail or state prison and who alleges that he or she committed the offense as a result of post-traumatic stress disorder, substance abuse, or psychological problems stemming from service in a combat theater in the United States military, the court shall, prior to sentencing, hold a hearing to determine whether the defendant was a member of the military forces of the United States who served in combat and shall assess whether the defendant suffers from post-traumatic stress disorder, substance abuse, or psychological problems as a result of that service.
(b) If the court concludes that a defendant convicted of a criminal offense is a person described in subdivision (a), and if the defendant is otherwise eligible for probation and the court places the defendant on probation, the court may order the defendant into a local, state, or federal, or private nonprofit treatment program for a period not to exceed that which the defendant would have served in state prison or county jail, provided the defendant agrees to participate in the program and the court determines that an appropriate treatment program exists.”
First Consultation is Free with This San Diego Defense Lawyer
Put the law to work for you by hiring a defense attorney who is familiar with all the possible alternatives to incarceration given the specific facts of the case and of the client. Your case is too important to settle for anything but first class representation! David P. Shapiro, an excellent criminal lawyer, will walk you through the process and let you know how he can help you!