Notification Of Military Status {TUO-CR-700}

TUO-CR-700 TUO-CR-700 (Revised July 11, 2017 NOTIFICATION OF MILITARY STATUS Pen. Code 247247 1170.9, 1170.91, 1001.80 50 App. U.S.C. 247247 501-597(b) ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE & FAX NO222S.: E -MAIL ADDRESS: ATTORNEY FOR (Name): ( COURT USE ONLY) CASE NAME: PEOPLE vs. NOTIFICATION OF MILITARY STATUS CASE NUMBER Consult your attorney before submitting this form. You may decline to submit this form to the court without penalty. I, (name): , declare as follows: 1. I am a party in a superior court case. 2. I am currently a member of the state or federal armed services or reserves. My entry date is: and I: a. am on active duty service. b. have been called or ordered into active duty service. c. am not on active duty service d. other (please explain): 3. I used to serve in the state of federal armed services or reserves. I was discharged on (date): 4. I understand that if I submit this form to the court as a defendant in a criminal case, the court will send copies of theform to the County Veterans Service Officer and the Department of Veterans Affairs. 5. I am filing this form on behalf of (name): , a party to the above-entitled case, whom I am informed and believe is a member veteran of the state or federal armed services. I am the attorney other (specify): of this party. My contact information is provided at the top of this form, or as follows: Name: Address: Telephone number: Date: (TYPE OR PRINT NAME) SIGNTAURE NOTICE Certain provisions of California law apply to current and former members of the U.S. Military who have been charged with a crime when certain conditions are met. Please see the back of this form for more information. To submit this form as a party in a criminal case you must file it with the court and serve it on the prosecuting attorney and defense counsel. Filing of this notification form does not substitute for filing of other forms or petitions that are required by your court case. If you are requesting consideration or restorative relief under Penal Code 2471170.9, this form alone will not meet the requirement that you assert to the court that the crime you were charged with was a result of a condition caused by your military service. If you are filing for relief from financial obligation during military service, a notification of military deployment and request to modify support order, or other relief under the Service Members222 Civil Relief Act (50 App. U.S.C. 247247 501-597(b)), you must complete the appropriate forms, and completion of this form is not required. Please see form MIL -010 (Notice of Petition and Petition for Relief From Financial Obligations During Military Service) and form FL-398 (Notice of Military Service and Deployment and Request to Modify a Support Order). Page 1 of 2 Tuolumne County Veterans Service Office 105 Hospital Road, #2199 Sonora, CA 95370 Phone: (209) 533-6280 Department of Veterans Affairs Physical Address: 1227 O Street, Sacramento, CA 95814 Mailing Address: P.O. Box 942895, Sacramento, CA 94295 800-952-5626; 800-324-5966 (TDD); 800-221-8998 (Outside California) American LegalNet, Inc. www.FormsWorkFlow.com TUO-CR-700 TUO-CR-700 (Revised July 11, 2017) NOTIFICATION OF MILITARY STATUS Pen. Code 247247 1170.9, 1170.91, 1001.8050 App. U.S.C. 247247 501-597(b) YOU SHOULD CONSULT WITH YOUR ATTORNEY ABOUT THE FOLLOWING INFORMATION AND BEFORE SUBMITTING THIS FORM. If you are a current or former member of any branch of the U.S. Military who may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of your military service and charged with a crime, you may be entitled to certain rights under some California laws. Below are brief explanations of some of those laws. You should consult with your attorney to discuss how these and/or other laws may apply to you. You are not required to have an honorable discharge, to have combat service, or to be accepted into a Veterans Court to be eligible for the rights described in the following statutes: California Penal Code 247 1170.9: Consideration for alternative sentencing and restorative relief. Rights include possibly: 225Receiving treatment instead of prison or jail time for certain crimes225Having a greater chance of receiving probation225Having conditions of probation deemed satisfied early, other than any victim restitution ordered, and probationterminated early225Having some felonies reduced to misdemeanors225Having the court restore rights, dismiss penalties, and/or set aside conviction for certain crimes Requirements include: 225For consideration for alternative sentencing :Convicted of certain criminal offenses (some crimes do not qualify)Eligible for probation and court orders probation225For restorative relief following order of probation:In substantial compliance with conditions of probationA successful participant in and demonstration of significant benefits from treatment and servicesNo danger to the health and safety of others California Penal Code 1001.80: Diversion in misdemeanor cases. Rights include possibly: 225Pretrial diversion program instead of trial and potential conviction and incarceration225Dismissal of eligible criminal charges following satisfactory performance in program225Arrest is deemed to have "never occurred" for most purposes following successful completion of program Requirements include: 225Application to misdemeanors only, not felonies225Eligible for diversion and court orders diversion225Waiver of right to speedy trial and consent to diversion225Satisfactory performance in program California Penal Code 1170.91: Mitigating factor in felony sentencing. 225The court shall consider these circumstances from which the defendant may be suffering as a result of militaryservice as a factor in mitigation during felony sentencing, which could men a more lenient sentence. American LegalNet, Inc. www.FormsWorkFlow.com