Veterans Criminal Defense - Deferred Prosecution Law
Veterans are among the most selfless individuals in our community. They give up everything in order to serve and protect us. In doing so, unfortunately, it often comes with physical and mental health injuries. For the latter, it is not uncommon that the mental health issues are long-lasting and can be a significant factor for why a veteran becomes alleged to have committed a crime. Recognizing this, Minnesota just recently enacted a new law designed to better serve veterans that find themselves in the criminal justice system. Understanding this new law is critical to a proper and successful veterans criminal defense strategy.
Deferred Prosecution Designed To Better Serve Veterans
Minn. Stat. 609.1056 details a deferred prosecution, discharge and dismissal veterans criminal defense option. Succinctly, it is a type of diversion program that ultimately can lead to the dismissal of criminal charges for certain charges and veterans with certain medical conditions. On the surface, this is not a complicated idea to process, but there are plenty of nuances and rules in play that must be understood to know whether this can be a viable veterans criminal defense strategy.
To begin with, it is limited to veterans facing any misdemeanor, gross misdemeanor, and certain low-level felony offenses. Generally speaking, these low-level felony offenses are those that do not start with a presumptive commitment to prison. Putting it differently, they are the type of offenses that a defendant is presumed to receive probation with numerous conditions to follow. But, with veterans, those probation conditions are more tailored to their unique needs as veterans.
Discharge and Diversion Program
If a veteran has an eligible offense, they can request the court to defer prosecution of the case upon a finding of guilt after trial or an entry of a guilty plea. This means a veteran essentially can have a free run with a trial and still pursue this deferred prosecution option. When this request is made, the veteran must provide military records confirming they are an active or former member of the military and medical records to confirm they have an “applicable condition” stemming from their service. ‘Applicable condition’ is defined as the following: sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or a mental health condition.
After providing these records, the veteran must prove by clear and convincing evidence that (1) the veteran suffers from an applicable condition; (2) the condition stems from service in the United States Military; and (3) the offense was committed as a result of the applicable condition. If the veteran carries the burden of proof, the Court shall not enter a judgment of conviction and instead defer further proceedings on the matter and place the veteran on probation. While on probation, conditions ordered by the court must include treatment, services, rehabilitation, and education sufficient so that if completed, the defendant would be eligible for discharge and dismissal.
Hearing to Determine Outcome
At the close of the probationary term, the Court will schedule a hearing to determine whether discharge and dismissal is the appropriate outcome. The parties may submit written arguments in advance of the hearing and make oral arguments at the hearing. The Court will decide whether to dismiss the case upon a finding of clear and convincing evidence that the Defendant: (1) is in compliance with the conditions of probation; (2) has successfully completed court-ordered treatment and services to address the applicable condition caused by military service; (3) does not represent a danger to the health or safety of victims or others; and (4) has demonstrated significant benefit from court-ordered education, treatment, or rehabilitation to clearly show that a discharge and dismissal under this subdivision is in the interests of justice. In determining such a finding is in the interests of justice, the Court will consider the following factors:
- the defendant’s completion and degree of participation in education, treatment, and rehabilitation as ordered by the court;
- the defendant’s progress in formal education;
- the defendant’s development of career potential;
- the defendant’s leadership and personal responsibility efforts;
- the defendant’s contribution of service in support of the community;
- the level of harm to the community from the offense;
- the level of harm to the victim from the offense with the court’s determination of harm guided by the factors for evaluating injury and loss contained in the applicable victim’s rights provisions of chapter 611A; and
- the statement of the victim, if any.
If the Court rules against the veteran, then it enters an adjudication of guilt.
Eligibility for Additional Round of Assistance and Probation Violations
A couple more notes. First, even if a veteran has taken advantage of this law before on a felony offense, they can still make this request in a subsequent case and the Court must decide whether the veteran is a good candidate for another round. Second, violations of the terms of probation the Court can make an adjudication of guilt and proceed with the conviction as it normally would.
While this new law has an obvious, positive, and real-world impact on veterans in the criminal justice system, that does not mean that the process is easy. Proving that a veteran qualifies under this new statute requires an in-depth look at all the evidence and well thought out arguments to the Court. Here at North Star Criminal Defense, our seasoned veterans criminal defense attorneys are trained, prepared, and dedicated to helping our veterans through the criminal justice system. If you or a loved one are charged with a crime, please contact us for a free consultation.