Legal
Making sense of all of the resources available to veterans and their families can be a daunting task. In order to help, we have listed some but not all resources available by category. Please let us know if any of the links are no longer active and if you know of resources that we should add to the list. And always feel free to call or email for help finding resources, via the info on our contact page.
State Bar Associations
Your state Bar Association can be an excellent legal resource. Most state bars have certified lawyer referral services to refer potential clients to attorneys. These are useful not just for vets, but for anyone who has a legal problem falling under state, rather than federal, jurisdiction. Most family law, estate planning, criminal defense, and debt collection issues are examples of state law or combined state and federal, where one would need to obtain local counsel.
Most state bar services can refer you to a lawyer who specializes in the area of law needed, interview you to determine what type of legal assistance you need, and will refer you to someone who has met certain standards of experience. Sometimes there is a nominal fee for the referral.
Most important for veterans: many states have lawyers who will work for a reduced fee or for free, depending on the finances of the client.
ALABAMA: 415 Dexter Avenue Montgomery, AL 36104 Ph: (334) 269-1515 Fax: (334) 261-6310 http://www.alabar.org/ ALASKA: 550 West 7th Avenue Anchorage, AK 99501 Ph: (907) 272-7469 Fax: (907) 272-2932 http://www.alaskabar.org/ Mailing Address: PO Box 100279 Anchorage, AK 99510-0279 |
MONTANA: 7 West 6th Avenue, Suite 2B Helena MT 59624 Ph: (406) 442-7660 Fax: (406) 442-7763 http://www.montanabar.org/ Mailing Address: P.O. Box 577 Helena MT 59624 |
Veteran Gets Well Deserved Second Chance
The following article relates to California Penal Code section 1170.9, a little known law which allows for alternative sentencing for certain veterans.
California Lawyer: Coming Home - Vets can benefit from a little-known sentencing law
Sean Nesmith could have found himself in jail for as long as five years after he robbed an Ocean Beach bank in 2006 using nothing more than a note demanding money.
Instead, a judge sent the 23-year-old ex-Marine to treatment for a severe case of depression and post-traumatic stress disorder (PTSD). The order resulted from a little-noticed state law, penal code section 1170.9. It lets judges, under certain circumstances, sentence combat veterans suffering from PTSD to psychiatric help instead of jail time for their crimes.
As service members return from duty in the Middle East, many expect the law to be used more frequently in the future. “We’re seeing the sprinklings of a big storm ahead,” says James E. Faulder, a deputy public defender in San Diego. “And we’re trying to brace for it and get our avenues set up [to defend veterans]. And 1170.9 is going to be one of them.”
In addition to combat vets with PTSD, the law applies to those suffering from substance abuse or unspecified psychological ailments. If service people afflicted with those conditions have been convicted of a criminal offense that generally would lead to a stint in county jail or state prison–and they are eligible for probation–judges have the option of sending them to a treatment facility instead of prison. Outpatient programs also are a possibility.
It is unclear how often the law has been used since it took effect in January 2007. Spokespeople for the San Francisco and Los Angeles county public defenders offices say few attorneys appear to know about the statute. Read On…
California’s Alternative Sentencing Law for Combat Vets
1) Introduction
This memo provides basic information about California’s alternative sentencing law for combat veterans whose offenses are the result of their service-related psychological injuries such as post-traumatic stress disorder (PTSD) or substance abuse.
If you are a veteran who served in combat and you are facing criminal charges, or you have been convicted and are awaiting sentencing, there is a California law that may help you obtain treatment instead of serving time in jail or prison.
2) FOR VETERANS: IMPORTANT - Communicate with your lawyer
The alternative sentencing law, California Penal Code section 1170.9 isn’t widely known or used. And, your lawyer may not know you are a veteran or that you served in combat. BE SURE TO TELL YOUR LAWYER ABOUT YOUR MILITARY SERVICE AND GIVE HIM OR HER A COPY OF THIS LAW. (You can download a PDF copy of this memo at the bottom of this page) The text of California Penal Code section 1170.9 appears at the end of this memo. Your lawyer will be able to determine whether this law can help you.
3) FOR LAWYERS: The law is not automatically applied
To trigger the court’s obligation to consider a defendant’s veteran status and assess the individual for PTSD or other psychological problems, the defendant must “[allege] 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 theatre in the United States military…” (CPC sec. 1170.9(a).
To date, there is no case law on what defines service in a “combat theatre.” You may be able to argue it is not limited to service in Vietnam, Afghanistan or Iraq. For example, the VA’s definition of “combat veteran eligibility” for VA health care may include service in Bosnia, Sudan, Haiti, and many other locations during certain time periods.
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California Penal Code section 1170.9:
(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, 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.
(c) If a referral is made to the county mental health authority, the county shall be obligated to 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 shall not be 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 the treatment of the defendant.
(d) When determining the “needs of the defendant,” for purposes of Section 1202.7, the court shall consider the fact that the defendant is a person described in subdivision (a) in assessing whether the defendant should be placed on probation and whether the defendant would be best served while on probation by being ordered into a private nonprofit treatment service program with a demonstrated history of specializing in the treatment of military service-related issues, such as post-traumatic stress disorder, substance abuse, or psychological problems.
(e) A defendant granted probation under this section and committed to a residential treatment program shall earn sentence credits for the actual time the defendant served in residential treatment.
(f) The court, in making an order under 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 combat veterans who suffer from post-traumatic stress disorder, substance abuse, or psychological problems as a result of that service.
Disclaimer: This memo is intended as general information only. No specific legal advice regarding any individual situation is intended or implied and no legal relationship is created by this memo. The information here is not intended to substitute for legal or professional advice. Nothing in this memo is intended to disparage any individual, official, or agency in any way whatsoever.
Lawyers Serving Warriors
Through a network of volunteer attorneys, Lawyers Serving Warriors provides free legal services to U.S. military personnel and veterans who have served in OIF or OEF in the following situations:
* Referred to the physical disability evaluation system. The physical disability evaluation system determines a service member’s entitlement to a disability severance or retirement and free lifetime military health care. Assistance of an attorney in the process can be critical in securing the proper determination and entitled benefits. Service members who have been referred to Medical Evaluation Boards (MEBs) or Physical Evaluation Boards (PEBs) can receive free legal representation through Lawyers Serving Warriors.
* Facing an involuntary administrative separation. The type of discharge and discharge characterization a service member receives has a dramatic impact on benefits. Some service members with disabilities, such as Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI), have been inappropriately recommended for involuntary separation. Lawyers Serving Warriors will provide disabled service members who are wrongly being involuntarily separated with free legal representation.
* Received an inappropriate discharge, discharge characterization, or disability rating. An inappropriate discharge, a lower than appropriate disability rating from a PEB, or a less than Honorable discharge classification can result in a veteran receiving no benefits or fewer benefits than he or she deserves. Veterans with disabilities, such as Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI), can receive free legal representation through Lawyers Serving Warriors ™ to challenge an inappropriate discharge, PEB disability rating, or less than Honorable discharge.
* Pursuing a claim with the Department of Veterans Affairs (VA) for disability compensation. Veterans who have claims for VA disability compensation can receive free legal representation from Lawyers Serving Warriors in appealing an inappropriate denial of benefits.
* Claim under the Traumatic Injury Insurance Under the Servicemembers Group Life Insurance (TSGLI). TSGLI provides a onetime lump sum payment to qualified U.S. military personnel who have suffered a traumatic injury caused by a traumatic event. Lawyers Serving Warriors will provide free legal representation to qualified military personnel who have been denied all or part of the benefits they deserve under TSGLI.
Network of Care for Probation Services
The Network of Care for Probation Services, provided by the Merced County Probation Department. This Web site provides information about probation, laws, and related news, as well as communication tools and other features. Regardless of where you begin your search for assistance, the Network of Care helps you find what you need. It helps ensure that there is “No Wrong Door” for those who need services.
American Bar Association Standing Committee on Legal Assistance for Military Personnel
The mission of the American Bar Association Standing Committee on Legal Assistance for Military Personnel is to:
1. Foster the continued growth of the military legal assistance programs;
2. Promote the delivery of legal services to military personnel and their family members and to persons accompanying the armed forces outside the United States, on their personal legal affairs; and
3. Maintain close liaison with the Department of Defense, the Department of Homeland Security (with respect to the U.S. Coast Guard), the military services, bar associations and appropriate committees of the Association to enhance the scope, quality and delivery of free or affordable legal services to eligible legal assistance clients.
National Organization of Veterans Advocates
The National Organization of Veterans’ Advocates (NOVA) was incorporated as a non-profit corporation in the District of Columbia in 1993 to serve attorneys and non-attorney practitioners admitted to practice before the U.S. Court of Appeals for Veterans Claims (CAVC). NOVA recognizes the need to share information and analysis in order to provide successful advocacy for veterans. NOVA provides continuing legal education and support to individuals representing veterans.
National Veterans Legal Services Program
NVLSP is an independent, nonprofit, veterans service organization dedicated to ensuring that the U.S. government honors its commitment to our veterans by providing them the federal benefits they have earned through their service to our country.
The Veterans Consortium Pro Bono Program
The Veterans Consortium Pro Bono Program provides: free attorneys to veterans and their qualifying family members who have an appeal pending at the U.S. Court of Appeals for Veterans Claims (Court). If an appellant has filed an appeal with the Court, he or she can request assistance from The Veterans Consortium.
