The New Minnesota Veterans Restorative Justice Act May Help Vets Avoid a Criminal Conviction
Over the last twenty years, an extraordinary number of Veterans have served this country and a great many of them have also served in war zones, from Kosovo, Iraq, Afghanistan, Syria and more. Sadly, some have come back with the scars, both physical and mental, as reminders of their tours. Even worse, some end up in the criminal justice system right here in Minnesota.
Thankfully, Veterans may get some help because of a new law called the Veteran’s Restorative Justice Act which becomes effective on August 1, 2021. If you are a Veteran facing criminal charges, speak with a Criminal Defense Attorney who represents Veterans and may be able to help. Call Jack Rice Defense at 651-447-7650 for a Free Consultation or click the link and we will follow up.
The Veterans Restorative Justice Act may help Vets avoid a criminal conviction but there are strings.
The Veteran Restorative Justice Act expands the existing Veteran Courts program beyond a couple of existing veterans’ courts that already exist in places like Ramsey, Hennepin, and Anoka counties, to name a few. The Act really is designed to offers a second chance Veterans who qualify but who are also prepared to do the work. At the same time, the Act has has expanded eligibility beyond what some courts have allowed and provides some uniformity across the state..
If you are a Veteran, the benefits of the program are substantial. One of the biggest is the possibility of avoiding a criminal conviction, frequently known as a Stay of Adjudication.
Stay of Adjudication may be available Veterans charged with crimes if:
The charged crime is a Misdemeanor;
The charged crime is a Gross Misdemeanor;
The charged crime is a Felony with a severity level of 7 or less.
In order to qualify, the Court must determine by clear and convincing evidence that the person:
Has an applicable condition resulting from their current or past military service; AND
The offense occurred because of that applicable condition.
Applicable conditions to qualify for the program include PTSD, TBI, Sexual Trauma, substance abuse or other mental health conditions
Other benefits of the Veterans Restorative Justice Act still exist under different provisions of the act. The Court also has the authority to order downward durational and dispositional departures if the person has:
An applicable condition;
That applicable condition applies to the offense; AND
The person has engaged in rehabilitative efforts.
These departures may result in lesser sentences, lesser charges and more.
While the Veterans Restorative Justice Act may help, it isn’t easy, takes a lot of work and absolutely isn’t for everyone.
If you are a Veteran and are facing criminal charges in Minnesota, you need to talk to an experienced criminal defense attorney. Jack Rice is a former Central Intelligence Agency Officer with extensive experience working with our Veterans. He has also had to operate in Iraq, Kosovo, and Afghanistan. Jack Rice is a former prosecutor, Board Certified Criminal Law Specialist and an award winning criminal defense attorney. Call Jack Rice Defense at 651-447-7650 for a free confidential consultation or click the link and we will follow up.