Fairfax Veterans Treatment Docket- Is it for you?

Fairfax Veterans Treatment Docket (FVTD)- Is it worth your while? As a Fairfax criminal lawyer, I know that this is not an option in every Virginia County. What does this docket entail? First, several years ago this aspect of the Fairfax courthouse got spearheaded partly by the support of a judge who herself is a military veteran. Second, cases do not enter this docket without the mutually negotiated agreement of the criminal defendant (with the assistance of their Virginia criminal attorney) and the prosecution / assistant commonwealth’s attorney. Third, The possible outcomes of this docket depend on what is agreed to by the parties. Fourth, the docket can involve a lot of work and obligations, whereby the result may be desirable if found to have fulfilled the obligations for successfully completing the program, but an undesirable result otherwise.

What does the Fairfax Veterans treatment docket look like for Virginia DUI defendants?

Here is an example of what might happen with the Fairfax Veterans treatment docket with a first time DUI case, depending on  what is negotiated. The parties might enter an agreement for a deferred disposition under Virginia Code § 19.2-298.02.  with a dismissal upon a successful completion of the FVTD. That can be good when the prosecutor agrees for the plea under the latter statute to be not guilty (versus not guilty or no contest / nolo contendere). However, expect the prosecutor to want a plea of the defendant’s choice of no contest / nolo contendere or guilty. The prosecutor will probably agree to having the matter be expungable if dismissed as outlined above, and may agree for the court not to sentence to any active incarceration time in the event of not successfully completing the FVTD.

How much time and effort do I need to be ready to invest into the FVTD?

Talk with your Virginia criminal lawyer about your obligations for the Fairfax Veterans Treatment Docket. Commonly, a prosecutor / assistant commonwealth’s attorney and a behavioral health supervisor from the Fairfax Community Services Board will be involved with your involvement in the FVTD. They and the court will present both incentives and penalties along the way of your efforts to complete the FVTD. Expect to be required to be abstinent from alcohol (at least for DWI cases), to have appointment obligations, and to have regular obligations to check in for a court status hearing, whereby if your privately retained criminal defense lawyer is not available for said hearing, a public defender lawyer can be expected to be present to assist you (but that never takes the place of your attorney-client relationship).

What happens at my court status hearings for the Fairfax Veterans Treatment Docket?

I have seen for myself what happens at a Fairfax Veterans Treatment Docket status hearing. When the bench’s judge who handles the program presides, she will speak understandingly of the challenges for staying on target for the program, sometimes talk of the courage that the participant exhibited by their role in the military, and address the courage that it takes to proceed with the FVTD. Sometimes participants will be present who are congratulated for successfully completing the FVTD. Applause tends to follow the appearance of each participant. The mood is one of being very supportive and of everyone being in a similar boat together, along with the presence of other veterans who are involved with the program through support or otherwise. Nonetheless, just as the military is no picnic in which to participate, nor is the FVTD. It requires real work.

Is it fair for veterans to have access to a FV-type treatment docket but not all Fairfax criminal defendants?

For those non-veterans who wonder if it is fair for only veterans to have access to a Fairfax Veterans treatment-type docket, I respond that the question should not be about fairness, but about this being a first step that perhaps will lead to expanded alternatives to convictions for prosecutions in this and other counties. Fairfax also has a mental health court docket, which is not limited to veterans. A third Fairfax specialty treatment court docket is the drug / recovery docket, that is not limited to veterans. As to veterans, whether or not the FVTD is part of the discussion, I am ready to underline that we should not be sending women and men into combat and other challenging military situations and expect that all of them will return without post traumatic stress disorder (PTSD), severe physical pain from wounds and psychological pain and shake-up from seeing people wounded, maimed and killed on the battlefield (or to see them in that state in the military medical units), and to be in as good a shape as before their start with the military. What can happen is alcoholism, drug abuse, anxiety and depression. For instance, consider the challenging path of this combat veteran who came back from war; pickled himself in alcohol, drugs and sex; fortunately found the path to break the cycle of addiction and self destruction; but still to this day strategically places himself on stage when talking to an audience, to have an escape route in the event anyone wanted to physically attack him.

Does my Virginia criminal lawyer need to be a military veteran in order to sufficiently represent me for the FVTD or the like?

Your Virginia criminal lawyer does not need to be a military veteran nor be supportive of the current military structure in order to sufficiently defend you for the Fairfax Veterans Treatment Docket or to generally defend you as a veteran. Your lawyer should be sensitive, understanding and supportive of your plight, which well describes what is needed from everyone’s criminal defense lawyer. Even the most disciplined and well adjusted person can only be expected to avoid the breaking point to a certain point when challenged on the battlefield and challenged mentally. The need for so many veterans to get medical and psychological help is underscored by what a military medical doctor’s telling me that the veterans medical system provides both outlets to both allopathic (conventional) and homeopathic (alternative treatment, including acupuncture) medicine. I repeatedly defend military veterans and those who are currently in the miliary. As with all criminal defendants, each has their own path that brought them to where they are with their prosecution, each has their own unique challenges, and each has their own goals for obtaining as much justice and favorable resolution to their cases as possible. I welcome working closely with them in pursuing their best possible defense.

Fairfax criminal lawyer Jonathan Katz relentlessly pursues your best defense against Virginia felony, misdemeanor and DUI prosecutions. A great start to your defense can begin with your free initial in-person confidential consultation with Jon Katz about your court-pending case, scheduled by contacting Jon Katz’s staff at 703-383-1100, Info@KatzJustice.com and (text) 571-406-2768.