Notification Of Military Status {MSC-CR-300}

CONFIDENTIAL MSC - CR - 300 For Optional Use MSC-CR-300 [Rev. J. 1, 2019] NOTIFICATION OF MILITARY STATUS Page 1 of 2 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number, and Address) FOR COURT USE ONLY Name / Bar Number: Address: City, State, Zip: Telephone No.: Email Address: Attorney For (Name): SUPERIOR COURT OF CALIFORNIA , COUNTY OF MERCED Street Address : Mailing Address : City, State, Zip: Branch Name : 2260 N Street 627 W . 21 st Street Merced, CA 95340 Criminal Division 1159 G Street 627 W. 21 st Street Los Banos, CA 93635 Los Banos Div i sion Case Name: Date of Birth: Soc. Secur ity # : Case Number NOTIFICATION OF MILITARY STATUS 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.d. other (please explain): 3. I used to serve in the state or 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 the formto the county service officer and the Department of Veterans Affairs. 5. I am filing this form on behalf of , a party to the above titled case, 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 City, State, Zip Telephone No. Date: Type or print name Signature Merced County Veteran's Service Office : 3376 North Highway 59 Suite D , Merced , CA 95348 Telephone No . (209) 385 - 7588 Department of Veterans Affairs: Susan Basmajian LCSW, Veterans Justice Outreach Coordinator Telephone No. (559) 255 - 6100 VA Central California Health Care System , 2615 E. Clinton Ave. Bldg. 27 , Fresno, CA 93703 Certa in provis i ons 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 infor mation . To submit this form as a party in a criminal case you must file it with the court and serve it on the prosecut ing attorney and defense counsel. F iling 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 section 1170. 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 serv i ce . If you are filing for other relief from financial obligation during military service , a notification of military deployment and request to modify a support order , or other relief under the Serv i ce Member ' s Civil Relief Act (50 App . U . S . C . 247247 501 - 597(b) ) , you must complete the appropriate forms , and complet i on of this form is not required . Please see MIL - 010 ( Notice of Petition and Petition for Relief from Financial Obligations During Military Service ) and form FL - 398 ( Notice of Activation of Military Service and Deployment and Request to Modify a Support Order ). American LegalNet, Inc. www.FormsWorkFlow.com MSC - CR - 300 For Optional Use MSC-CR-300 [Rev. J. 1, 2019] NOTIFICATION OF MILITARY STATUS Page 2 of 2 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 1170.9: Consideration for alternative sentencing and restorative relief. Rights include possibly: Receiving treatment instead of prison or jail time for certain crimes.Having a greater chance of receiving probation.Having conditions of probation deemed satisfied early, other than any victim restitution ordered, and probation terminatedearly.Having some felonies reduced to misdemeanors.Having the court restore rights, dismiss penalties, and/or set aside conviction for certain crimes. Requirements include: For consideration of alternative sentencing:oConvicted on certain criminal offenses (some crimes do not qualify)oEligible for probation and court orders probationFor restorative relief following order of probation:oIn substantial compliance with conditions of probationoA successful participant in and demonstration of significant benefits from treatment and servicesoNo danger to the health and safety of others California Penal code 1001.80: Diversion in misdemeanor cases. Rights include: Pretrial diversion program instead of trial and potential conviction and incarceration.Dismissal of eligible criminal charges following satisfactory performance in program.Arrest is deemed to have "never occurred" for most purposes following successful completion of program. Requirements include: Application to misdemeanors only, not feloniesConsent to diversionWaiver to right of speedy trialSatisfactory performance in program California Penal Code 1170.91: Mitigating factor in felony sentencing. The court shall consider these circumstances from which the defendant may be suffering as a result of military service asa factor in mitigation during felony sentencing, which could mean a more lenient sentence. Court Instructions: Form shall be submitted to the Court in the courtroom or Clerks Office. Scan and email a copy of this form, attached Release of Information form, and minute order, within two (2) court days of receipt, to the following email addresses: oMerced County Veterans Service Officerjceccoli@hsa.co.merced.ca.us oDept. of Veterans Affairs Justice Outreachsusan.basmajian@va.gov American LegalNet, Inc. www.FormsWorkFlow.com