California Veterans Treatment Court Lawyer
If you're a veteran who's been arrested and charged with a crime in California, there may be a different kind of court available to you—one that's focused on helping rather than punishing. Veterans Treatment Courts (VTCs) are special court programs that work with veterans whose criminal behavior may be tied to their military service. These courts aim to address the root causes of what led you to the criminal justice system, such as post-traumatic stress disorder (PTSD), substance abuse, or other mental health conditions.
Instead of sending you straight to jail or prison, VTCs offer a chance to get treatment and support. Not every case qualifies, and not every county in California has a VTC, but if you meet the requirements, this option could keep you out of jail and help you turn things around. A California Veterans Treatment Court lawyer can protect your rights, explain your options, and fight to get you into a treatment program instead of jail. In the following sections, P. Jeff Voll Inc. explains what Veterans Treatment Courts are, how they work, and how a lawyer can help you qualify.
Pasadena Veterans Treatment Court Attorney
If you've been arrested and may be eligible for Veterans Treatment Court in California, don't wait to find out what your legal rights and options are. A delay can put you at risk of missing the opportunity to get into a treatment program—or worse, you could end up in jail. At P. Jeff Voll Inc., our criminal defense lawyers understand the unique challenges veterans face and the importance of protecting your freedom, your record, and your future. We've helped others in your position and know how to work with the courts to get the best possible outcome. If you think your charges might qualify for Veterans Treatment Court—or if you're not sure—get help right away. Contact P. Jeff Voll Inc. by calling (323) 467-6400 or contact us online for a consultation with a veterans treatment court attorney.
California Law on Veterans Treatment Courts
Veteran-Specific Legal Recognition — California law understands that military service can expose you to traumatic events that may affect your mental health and decision-making. California Penal Code § 1170.9 is a powerful tool in the justice system that directs courts to consider these service-related experiences when sentencing veterans who commit crimes. This statute is the legal backbone of Veterans Treatment Courts (VTCs) throughout the state.
Assessing Service-Related Conditions — Before sentencing you, the court is required to determine whether you served in the military and whether your service contributed to the conditions that may have influenced your actions. Conditions recognized under this law include Traumatic Brain Injury, Post-Traumatic Stress Disorder, substance use disorders, Military Sexual Trauma, or different mental health problems that are connected to your military experience.
Sentencing and Probation Decisions — If the court finds that your criminal behavior was related to one of these service-connected conditions and you're otherwise eligible for probation, Penal Code § 1170.9 requires the judge to treat that as a factor in favor of granting probation instead of incarceration.
Treatment Instead of Jail — If probation is granted, you may be ordered to complete a treatment program as part of your sentence. This treatment must be appropriate for your condition and can be provided by the Department of Veterans Affairs (VA), community-based providers, or nonprofit organizations. Not only does this give you the chance to recover, but it may also count as credit toward your sentence under California law.
Eligibility Criteria for Veterans Treatment Court
Who Can Apply — To be considered for Veterans Treatment Court in California, you must be a current or former member of the U.S. Armed Forces. This includes veterans from all military branches, as well as those who served in the National Guard or military reserves.
Criminal Charge Requirement — You need to be currently facing criminal charges in a California court. Most counties require that you enter a guilty plea before you can participate in the VTC program.
Link to Military Service — Simply being a veteran is not enough. You also have to demonstrate that you're suffering from a condition that is directly connected to your military service. This might include PTSD, TBI, MST, substance use issues, or other diagnosed mental health conditions. The court will likely require documentation or an evaluation to prove this connection.
Additional Considerations Under California Law
Discharge Status — While an honorable discharge is preferred, California courts have flexibility. If you have a different type of discharge but a service-connected disability, you may still be admitted under Penal Code § 1170.9, depending on the judge's discretion.
Offense Restrictions — Typically, VTCs exclude individuals charged with certain serious crimes like sex offenses (as defined under Penal Code § 290), gang-related crimes, and violent felonies. However, some courts may make exceptions if a strong nexus exists between your offense and a qualifying mental health condition caused by your military service.
The VTC Process and Timeline
How to Enter the Program — You can't simply sign up for Veterans Treatment Court on your own. A referral has to come from your defense attorney, the district attorney, or the judge. Once your case is referred, the court will initiate an evaluation process.
Assessment Requirements — The court may order a clinical assessment to determine whether your condition is genuinely linked to your military service. These evaluations are often conducted by the VA or local county mental health departments under California law and are used to establish eligibility under § 1170.9.
Program Duration and Expectations — If you are accepted into the VTC program, you will be enrolled in a structured process that typically lasts between 15 and 18 months. Throughout this period, you will need to:
- Attend treatment sessions regularly
- Stay clean and sober (verified through drug/alcohol testing)
- Appear before the VTC judge for status updates
- Work with a multidisciplinary team, including mentors, probation officers, and mental health professionals
Consequences and Rewards — The court monitors your behavior closely. Good performance—like staying sober and showing progress—can lead to rewards such as fewer court appearances or earlier graduation. Missteps, on the other hand, may lead to sanctions like short jail stays or increased supervision.
Phases of a Typical Veterans Treatment Court Program
Phase 1 — In the first 4 months, you'll go through a full clinical assessment and begin your personalized treatment plan. You'll meet frequently with the court, probation officers, and your support team. This is an intensive phase with close supervision.
Phase 2 — Lasting about 3 months, this phase sees slightly reduced court contact. However, you're still under close monitoring, and continued progress in treatment is expected.
Phase 3 — Over the next 5 months, the court gradually scales back its involvement as you demonstrate that you're stable, committed to recovery, and complying with your treatment plan.
Phase 4 — The final 6 months prepare you for life after the program. This includes job readiness, education, and reentry planning. You'll still attend court sessions, but with greater independence and fewer restrictions.
Treatment & Support Offered in VTCs
Veteran-Focused Treatment Options — California Penal Code § 1170.9 specifically encourages courts to select treatment programs that are tailored to the unique needs of veterans. These may address PTSD, TBI, MST, anxiety, depression, and addiction.
Approved Providers and Credit for Time Served — Treatment may be provided by the VA, certified nonprofit organizations, or county mental health departments. If you're placed in a residential facility, California law allows you to earn sentence credit for each day spent in the program.
A Team-Based Approach — You won't go through this alone. Your support team may include:
- A treatment provider (e.g., psychologist or addiction specialist)
- A case manager
- A court-assigned mentor (often another veteran)
- Your probation officer and the presiding VTC judge
Legal Outcomes and Benefits of VTC Participation
Avoiding Incarceration — By completing the Veterans Treatment Court program, you may avoid jail or prison altogether. Instead, you serve your sentence through a treatment plan while under supervision, as allowed by Penal Code § 1170.9.
Post-Completion Relief Under California Law — If the court finds you've successfully completed the program and no longer pose a threat to public safety, the judge can:
- End your probation early (Penal Code § 1203.3)
- Reduce your felony to a misdemeanor (Penal Code § 17(b))
- Dismiss your conviction entirely (Penal Code § 1203.4)
Benefits of Dismissal — A dismissal under § 1203.4 means you're legally permitted to state, in most cases, that you were not convicted of a crime. This can improve your job prospects, housing options, and access to certain professional licenses.
Limitations Still Apply — A dismissal won't erase the conviction from law enforcement databases. You'll still have to disclose it for jobs in law enforcement or where required by law, and it won't restore your firearm rights.
County-by-County Variations and Limitations
Not All Counties Offer VTCs — Veterans Treatment Courts are not available everywhere in California. Large counties like Los Angeles, San Diego, and Alameda often have established programs, while rural or less populated counties may not.
Each Court Sets Its Own Rules — The structure, eligibility criteria, and oversight can vary widely. One county might allow veterans charged with violent crimes into VTC if there's a strong service-related mental health diagnosis, while another might strictly prohibit it.
Why Legal Guidance Is Critical — Because implementation differs by location, it's important to work with a criminal defense attorney who understands how the law and local policies intersect in your county.
What If There Is No VTC in Your County?
You Still Have Rights — Even if there's no Veterans Treatment Court where you live, California law still entitles you to consideration based on your service-related conditions. Judges in regular criminal courts must still assess whether your military experience contributed to your offense.
Filing Form MIL-100 — You or your lawyer can submit a "Notification of Military Status" (Form MIL-100) to the court. This alerts the judge that you are a veteran and may qualify for special consideration under § 1170.9.
Other Treatment Avenues — If you qualify, the court may still refer you to VA services or county-run programs and incorporate treatment into your probation terms.
Risks, Challenges, and Compliance Expectations
A Demanding Program — Veterans Treatment Court is not a shortcut. The court expects you to comply with every part of your treatment plan. That includes staying sober, attending all mandated sessions, meeting with your team, and showing up for court.
Penalties for Noncompliance — If you relapse, skip appointments, or break the rules, the court may respond with increased supervision, temporary jail time, or even remove you from the program.
Progress Is Recognized — On the other hand, if you show dedication—attending court on time, staying sober, making treatment gains—you may receive praise, reduced court appearances, and a faster path to graduation.
What Happens If You Don't Complete the Program
Consequences of Program Failure — If you fail to meet the program's expectations, you can:
- Be placed under stricter monitoring
- Receive sanctions, including short jail terms
- Be removed from the VTC program entirely
Returning to Criminal Court — Once removed, your case is sent back to the standard criminal justice system. You'll face sentencing based on your original conviction, with no additional leniency from § 1170.9.
Record Sealing and Post-Program Relief
Legal Remedies After Successful Completion — Once you've finished Veterans Treatment Court, you may be eligible for:
- Early termination of probation under Penal Code § 1203.3
- Reduction of a felony to a misdemeanor under Penal Code § 17(b)
- Dismissal of charges through expungement under Penal Code § 1203.4
How Dismissal Helps — A successful dismissal can make it easier to get a job, rent housing, or apply for certain licenses. You generally don't need to disclose the conviction unless required by law.
What It Doesn't Do — Expungement won't erase your record completely. Law enforcement and some licensing boards will still be able to see it. You'll also remain barred from possessing firearms under federal and state law if the original offense triggered that restriction.
Pasadena Veterans Treatment Court Attorney
If you're facing charges and believe you may be eligible for Veterans Treatment Court, you need a criminal defense lawyer who understands both the law and the military-specific challenges that got you here. At P. Jeff Voll Inc., we don't just handle your case—we step in immediately to protect your rights and take action. We start by confirming your veteran status and gathering evidence that links your military service to the condition that contributed to the arrest—whether it's PTSD, TBI, substance abuse, or another mental health issue. We'll present that evidence to the judge, push for a referral to Veterans Treatment Court, and guide you through every part of the process. That includes helping you understand the treatment requirements, preparing you for court check-ins, and protecting your probation status once you're in the program. If you're successful, we'll fight to dismiss your case, reduce your charges, or seal your record—whichever outcome applies. Contact P. Jeff Voll Inc. by calling (323) 467-6400 or contact us online for a consultation with a Veterans Treatment Court attorney.
Resources
California Penal Code § 1170.9 – California State Legislature
This page shows you the full text of California Penal Code section 1170.9. You can read the exact law that explains how courts must consider military service and related trauma when sentencing veterans. It also covers how courts can refer veterans to treatment programs and what legal relief might be available if you complete probation and treatment successfully.
Veterans Treatment Courts – Judicial Branch of California
This is the official California Courts website explaining Veterans Treatment Courts. You can find general information on how these courts work, who qualifies, what the process looks like, and where VTCs exist across California. The page also lists some legal forms and gives a basic overview of what to expect if your case is transferred to a VTC.
Veterans Treatment Court – CalVet
This is the California Department of Veterans Affairs (CalVet) webpage on Veterans Treatment Courts. It explains how these courts work, what types of support and treatment services are usually included, and what to expect during the process. It also includes information about mental health services, legal considerations, and counties that currently offer Veterans Treatment Courts.
Veterans Treatment Court Provides Second Chance to Offenders – United States Courts for the Ninth Circuit
This article explains how the federal Veterans Treatment Court in the Southern District of California works. It includes a detailed look at how veterans are admitted, what the three-phase program involves, and how successful completion can result in charges being dismissed before sentencing.
