Understanding the Criminal Justice System
Many counties in Indiana have specialized courts – called Veterans Courts – that can provide an alternative way for active duty and former military personnel to resolve criminal matters. Eligible defendants can have their cases diverted to the veterans courts and, after completing the requirements of their program – which may include treatment for drug or alcohol abuse, counseling, random drug testing, and periodic meetings with a supervisory officer and a mentor (among other things) – the charges against the defendant will typically be dismissed.
Not every case involving an active duty or former member of the military is eligible for referral to a Veterans Court. Assuming the county has a Veterans Court, only certain types of felony or misdemeanor cases can be referred. Sex offenses and offenses involving death or serious bodily injury, for example, may not be eligible for referral, and a defendant with more than one felony conviction may also not be eligible even if the current charges would otherwise make them so.
Defendants can be referred to a Veterans Court in two ways. They can have their prosecutions deferred pending successful completion of the program, whereupon their cases will be dismissed. Or if they have been convicted, they can avoid all or part of the sentence that was or would have been imposed if they had completed their program.
Defendants referred to the Veterans Courts will be required to follow a treatment and case management plan that will be ordered by the court and will be tailored to the defendant’s situation. The court sets the length of the treatment, which can range from months to years, depending on the case.
Defendants are typically prohibited from consuming alcohol or using drugs, and they may face random tests to confirm their compliance. They must attend regular court hearings and work with an assigned mentor, usually someone who has completed the program. Defendants are also connected with a range of services depending on their situation – including addiction and mental health services, education opportunities, and employment and housing services.
It’s important to have a clear understanding of the benefits and potential downsides of agreeing to a referral to a Veterans Court. If, for some reason, the defendant does not complete the treatment program, they can be dismissed from the program and can be prosecuted based on the charges they were facing. Or, if they were participating in the program after being found or pleading guilty, they can be required to serve the sentence that was imposed.
On the other hand, successful completion of the program can result in the charges being dismissed if the defendant was referred as part of a pretrial diversion. Or, if the defendant was referred after a conviction, they can avoid all or part of their sentence depending on their case.
While not every county in Indiana has a Veterans Treatment Court, many do – including Marion County and some surrounding counties. As of 2024, 31 Veterans Treatment Courts were either actively operating or in the planning stage across Indiana. At Razumich & Associates, we can help you decide whether referral to a Veterans Court would be appropriate in your case and can make sure you understand the requirements, benefits, and downsides before you make your decision. We have years of experience representing military and former military defendants charged with crimes in Indiana, and can make sure you are aware of every opportunity to resolve your case in as favorable a way as possible.
If you are active military or are a military veteran facing criminal charges or have been convicted of a crime and have questions about Indiana’s Veterans Courts, call Razumich & Associates today at 317-983-5333 or fill out our contact form, and we will reach out to you to discuss your case.
