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Are Military Veterans Treated Differently in Utah Criminal Court?

Some military veterans may be eligible for veterans’ court treatment programs focused on rehabilitation rather than punishment. To see whether you might be treated differently because of your veteran status, talk to our lawyers about your case.

Veterans who have been honorably discharged and have a history of substance abuse, mental illness, or brain injury may qualify for veterans’ court treatment programs that help them avoid jail time and a criminal record. Veterans’ court is typically only for low-level offenses, so violent crimes and felonies may not qualify. Veterans who do not complete treatment programs could end up facing jail time, so make sure you attend all drug and alcohol testing dates and refrain from committing any more offenses.

Get a free case evaluation from our Salt Lake City criminal defense lawyers by calling Overson & Bugden, PLLC at (801) 758-2287 today.

How Are Military Veterans Treated Differently in Utah Criminal Court?

Some military veterans are treated differently when they face criminal charges in Utah if they apply for and complete a veterans’ court treatment program.

No Criminal Trial

Veterans’ court can take place at a different venue from the criminal court and does not involve full trials. Rather than sitting through a trial, eligible veterans can enter the program and may enter a “plea in abeyance.” The defendant pleads guilty, but the plea isn’t officially entered in exchange for their voluntary participation in a treatment program. After completing their treatment program, the defendant’s guilty plea is withdrawn, and the charges are dropped or reduced. Even if the case is dismissed, it may still appear on a criminal record without expungement.

Treatment Instead of Jail

Criminal court penalizes defendants with fines and potentially even jail time. Veterans’ court programs are treatment-focused, especially for veterans facing misdemeanor drug and alcohol offenses. Rather than going to trial and potentially facing jail time, eligible veterans can enter into this diversionary program to get help and reduce their risk of reoffending through counseling and other treatment.

Veterans’ court treatment programs may last for one to two years, sometimes longer.

Limited Eligibility

Only veterans who have been honorably discharged from the United States Armed Forces are potentially eligible for the veterans’ court programs in Utah. The defendant must also have a mental health condition, traumatic brain injury (TBI), or substance abuse disorder, all of which are common among veterans.

When Are Military Veterans Treated Differently in Utah Criminal Court?

Only eligible defendants charged with eligible offenses may qualify for veterans’ court treatment programs in Utah. If a defendant is not eligible for veterans’ court programs in Utah, they will go through criminal court like any other defendant.

Eligible Defendants

Veterans who have honorably discharged and have documented histories of addiction, mental illness, or TBIs are eligible for veterans’ court treatment programs.

Eligible Offenses

Veterans’ court typically only accepts cases involving low-level, non-violent offenses and offenses related to a defendant’s mental illness, drug or alcohol addiction, or traumatic brain injury. Diversionary programs like veterans’ courts are not for serious or violent crimes, even if the defendant might qualify solely based on their veteran status.

When Aren’t Military Veterans Treated Differently in Utah Criminal Court?

Being a veteran doesn’t guarantee that you will be treated differently if you are arrested and face criminal charges in Utah, so don’t assume you will automatically qualify for veterans’ court because of your military experience.

Failure to Complete Treatment Program

If a defendant fails to complete the treatment program, their plea in abeyance is formally entered, and they could face jail or prison time, depending on the offense.

Reoffending During Treatment Program

Committing any new offenses while you are still completing a treatment program through the veterans’ court could also disqualify you from the veterans’ court. If that happens, you can expect to be treated like any other defendant in criminal court.

Ineligible Initial Offense

Military veterans aren’t treated differently when the charges they face are ineligible for any veterans’ court treatment programs. Your service might be important to your case and speak to your character, so it might still affect your trial in some ways.

FAQs About Veterans’ Court in Utah

Do You Qualify for Veterans’ Court in Utah?

We can determine whether you qualify for veterans’ court in Utah so that you have the best chances of avoiding jail time or other consequences after being charged with a low-level, non-violent offense.

What Forms Do You Have to Submit for Veterans’ Court in Utah?

To get accepted for veterans’ court in Utah, you must submit an application that details your military history, substance abuse history, and treatment history, which our Park City, UT criminal defense lawyers can complete and submit on your behalf.

What if the Veterans’ Court doesn’t accept Your Case?

If a veterans’ court treatment program doesn’t accept your case, the charges could go to trial in criminal court. Plea deals that include prison time are still possible in criminal court, so serious consequences aren’t guaranteed, even if you don’t qualify for veterans’ court.

What Do Veterans’ Court Programs Entail?

Veterans’ court programs entail drug and alcohol counseling, mandatory drug and alcohol testing, and other requirements. You must comply with all requirements of your treatment program to successful complete it and get your charges dismissed.

How Long Do Veterans’ Court Programs Last?

Veterans’ court treatment programs may last from one to two years and are comprised of individual phases that may last about six months each.

What if You Don’t Finish Veterans’ Court in Utah?

If you don’t complete a veterans’ court treatment program, your case moves forward in criminal court, your plea in abeyance is accepted, and you will face sentencing by the judge.

Call Our Criminal Defense Attorneys for Help in Utah

Call the Provo, UT criminal defense lawyers of Overson & Bugden, PLLC at (801) 758-2287 for a free case discussion.