For a pending San Diego criminal case, start with the court’s Request for Military Diversion, form CRM-284, and prepare the service and treatment evidence that will support a later hearing. The San Diego court’s CRM-283 information sheet describes a separate, supported motion and proposed treatment plan after the initial request. The sheet calls its sequence best-practice guidance, not a set of strict rules. Your lawyer should confirm the hearing date and any order in your actual case before relying on its suggested schedule. (San Diego Superior Court CRM-283; CRM-284)
Confirm the statutory category before assembling the request
Penal Code § 1001.80 covers a qualifying misdemeanor or felony accusation for a current or former member of the U.S. military, subject to its listed charged-offense exclusions. Qualifying conditions include service-related sexual trauma, traumatic brain injury, PTSD, substance abuse and mental health problems. For a misdemeanor, the person may be suffering from such a condition because of military service. A felony also requires the condition to have been a significant factor in the charged offense. The court must find that connection unless clear and convincing evidence shows the condition was not a motivating, causal or contributing factor; relevant, credible evidence of symptoms at or near the offense can support the inquiry. The court must still decide whether to grant diversion, and the defendant must consent and waive the speedy-trial right. Some charges, including murder or voluntary manslaughter and the statute’s listed sex offenses, are excluded. Misdemeanor DUI under Vehicle Code § 23152 or § 23153 has a special statutory route; other DUI-related offenses are excluded. Counsel must compare the actual current charge against the full statute rather than deciding eligibility from a generic “veteran” label. (Penal Code § 1001.80(a)–(d), (n)–(o))
Prepare the request and its supporting motion
The court currently lists CRM-284 as a mandatory local form. It asks for the case and charged violations, and for the defendant to initial statements about the speedy-trial waiver, military service, possible service-related condition, recommended treatment plan, program requirements, and possible reinstatement of proceedings. Review each statement with counsel before signing; the form is not a medical assessment or an automatic grant of diversion. (San Diego criminal forms index; CRM-284)
CRM-283 recommends filing CRM-284 as early as possible before adjudication. The sheet then describes a diversion hearing and a defense motion explaining the factual basis for eligibility, accompanied by proof of military service, a professional assessment or other relevant condition evidence, and a proposed treatment plan. Its suggested sequence calls for the defense motion to be filed and served at least 15 calendar days before the hearing, with an opposition deadline for the prosecution. Since the sheet expressly describes guidance rather than strict rules, use the hearing notice and counsel’s current filing instructions for the operative schedule. Do not assume that filing CRM-284 alone submits the supporting evidence or excuses an existing appearance unless the court has changed it. (CRM-283, “Process of Admission”)
Ask counsel to reconcile the assessment with the charged offense and statutory test, especially in a felony case. Military discharge or service records may prove service, while a qualified assessment and treatment plan address different questions. A treatment recommendation should identify care that can actually be arranged, not merely name a condition. The judge decides eligibility and suitability at the hearing. If granted, diversion postpones prosecution while court-ordered treatment and review proceed; the statute allows no more than two years. Unsatisfactory performance triggers notice and a hearing about restarting the criminal case, while satisfactory completion leads to dismissal under the statute. (Penal Code § 1001.80(c)–(e), (j); CRM-283)
Military diversion is a pretrial request; San Diego’s separate Veterans Treatment Court can address a different postconviction situation. The Law Offices of David S. Chesley’s diversion overview provides broader context. For a review of the charge, CRM-284, assessment and hearing papers in your case, call (800) 755-5174.