Justice-involved veterans need legal support from attorneys who understand them. DVRC can connect you with a local and experienced criminal trial attorney to defend your criminal case.
How to choose a criminal defense attorney? Lawyers who we recommend applied and requested that we review their experience and the reasons that they feel make them competent to provide a zealous and excellent defense. After that, please conduct your due diligence, interview the lawyer(s), and ensure that your needs are met.
We cannot guarantee an outcome, and we do not make the payments to your lawyer.
Compared to the civilian population, veterans are significantly more likely to be involved in the criminal justice system, often for misunderstood reasons.
According to the Council on Criminal Justice:
- One in three veterans has been arrested at least once.
- Veterans with PTSD or TBIs are roughly 60% more likely to face criminal charges.
- Veterans may engage in aggressive or criminal behaviors to regulate distressing emotions related to their service.
Veterans face compounding challenges: exposure to trauma, the stress of reentering civilian life, and a lack of support to cope with these stressors. When a veteran is charged with a crime, they deserve legal representation that takes their unique circumstances into account.
DVRC has developed a pilot program for criminally charged veterans in the New York City and New Jersey areas. Our team connects veterans with certified criminal trial lawyers who handle veteran claims with sensitivity and experience. Contact us today for more information about legal support for justice-involved veterans.
Why Veterans Are at Higher Risk of Criminal Charges
Veterans face a distinctive set of challenges and service-connected traumas that increase their risk of involvement in the criminal justice system, including:
- The transition to civilian life can be shocking, leading to mental health challenges, unemployment, homelessness, and substance use as a coping mechanism.
- PTSD, particularly if undiagnosed and/or untreated, causes hypervigilance, defensiveness, flashbacks, lack of situational awareness, and impulsive behavior that can lead to criminal charges.
- Traumatic brain injuries (TBIs) can trigger criminal charges due to impaired judgment, emotional dysregulation, and lack of impulse control.
- Chronic pain can be the underlying cause of drug and alcohol use, leading to illegal possession, theft, and DUI charges.
- Military Sexual Trauma (MST) can cause depression, addiction, and impulsive behaviors tied to criminal charges.
- Homelessness, unemployment, and underemployment can lead to theft, loitering, and possession arrests.
- Substance use is a common coping mechanism for veterans, which can lead to impaired driving, disorderly conduct, assault, and possession charges.
Between 50% and 90% of veterans with mental health disorders or substance use disorders do not receive treatment due to stigma and a lack of awareness and/or availability of treatment.
Many of these issues worsen over time due to a lack of resources and support. Between 50% and 90% of veterans with mental health disorders or substance use disorders do not receive treatment due to stigma and a lack of awareness and/or availability of treatment.
Less-than-honorable discharges also increase the risk of involvement in the criminal justice system. OTH discharges often disqualify veterans from receiving VA healthcare benefits, preventing them from receiving substance use treatment and mental health care. A 2015 study found that less-than-honorable discharges are disproportionately represented in prisons and jails: only about 2% of discharges are other than honorable, but 18% of incarcerated veterans had an OTH discharge status.
At DVRC, we believe that veterans should have attorneys who understand the complex web of factors that lead to involvement in the criminal justice system. A skilled attorney can connect a veteran’s past service to their current criminal behavior, providing context for judges and prosecutors.
How Criminal Charges Impact VA Disability Benefits
Being charged with or convicted of a crime can affect a veteran’s disability benefits. The impact varies depending on the severity of the charge, the length of incarceration, and the veteran’s disability rating.
Veterans Should Not Suffer Pretrial Detention: Your loved one may be incarcerated in Pretrial Detention already, especially in domestic violence matters. This is a vulnerable period when skilled legal representation is essential. Even before a veteran is convicted of a crime, an arrest can jeopardize their disability benefits. If detention lasts for more than 60 days, the veteran’s benefits can be temporarily suspended or reduced. If the veteran is acquitted or charges are dropped, benefits are usually reinstated retroactively.
Disorderly Persons and Misdemeanor Convictions: Short-term detention and probation generally do not affect benefits. However, if a veteran is convicted of a crime and sentenced to more than 60 days in jail, the VA may reduce benefits during the period of incarceration. The VA will also consider the severity of the charge when determining benefit changes.
Indictable and Felony Convictions: When a veteran is convicted of a felony and incarcerated for more than 60 days, the VA is legally required to reduce or suspend their disability payments. Veterans with a 10% or lower disability rating may have their benefits reduced by half, while veterans with a 20% or greater rating may have their benefits reduced to the 10% rate. Upon release, benefits are usually reinstated.
In addition to disability benefits, a criminal charge or conviction can affect a veteran’s ability to find employment, seek suitable housing, obtain loans, vote, maintain a favorable discharge status, and receive VA pension payments. Justice-involved veterans should seek legal support as soon as possible.
How Attorneys Can Help Justice-Involved Veterans
Judges and prosecutors may overlook the connection between criminal behavior and service-connected disabilities, military trauma, or post-service challenges like homelessness and unemployment. A skilled attorney can explain the cause of arrest by linking it to the veteran’s past service. An attorney can also advocate for placement in veterans’ courts, diversion programs, and/or treatment rather than incarceration. Above all, an attorney can help courts see veterans as valued service members facing systemic barriers rather than dangerous criminals.
An experienced criminal attorney can aid veterans with a variety of charges, including:
Veterans deserve legal representation that is sensitive to their history and circumstances.
DVRC Justice-Involved Veteran Pilot Program
DVRC has created a pilot program for criminal justice-involved veterans. Our team can refer veterans to an experienced criminal trial attorney in their area to assist with their criminal case. We have a network of attorneys experienced in veteran-focused criminal defense. They understand the factors leading to arrest, including PTSD, MST, and substance use.
If you are a veteran and need help finding a qualified criminal defense attorney, reach out to us today at 470.751.9910 or online.