Minnesota Veterans Restorative Justice Act: Second Chances for Vets

We are honored to represent veterans in criminal court—men and women who have sacrificed to uphold our Constitution, protect our safety, and defend our freedoms. Through the Minnesota Veterans Restorative Justice Act (“Act”), many have secured second chances, receiving stays of adjudication that allow for dismissal of charges after successful probation, and no conviction.

A Court has the discretion to accept a Veteran’s plea under the Act. This statute requires courts to defer prosecution for persons: 

1. charged with an “eligible offense” which includes “any misdemeanor or gross misdemeanor, and any felony ranked at severity level 7 or lower;” [Subd. 1(2)];
2. who were, or currently are, a member of the United States military [Subd. 2(a)];
3. and suffers from an “applicable condition” which includes “posttraumatic stress disorder, substance abuse, or a mental health condition.” [Subd. 1(1)];
4. when that condition stems from service in the United States military [Subd. 2(c)]; and,
5. when the offense was committed as a result of the applicable condition [Subd. 2(c)].

But what happens when a veteran’s case doesn’t meet the strict criteria, such as lacking a documented service-connected disability directly linked to the offense?

The answer lies in persuasive advocacy. Even when a veteran isn’t technically eligible under the Act, a skilled attorney can present a compelling case for the same outcome by:  

– Educating prosecutors on the intent and spirit of the VRJA  

– Explaining how military service—its training, trauma, and culture—may have influenced the veteran’s conduct, and  

– Proposing a stay of adjudication as a fair resolution, even outside the VRJA. 

This approach worked in a recent case where our client, charged with a gun offense, secured the exact same outcome as under the Act, despite not having a qualifying disability. 

The key? A reasonable prosecutor, a well-crafted argument, and a commitment to justice beyond technicalities.  

At the heart of it all: compassion for clients, creative lawyering, and collaboration with fair-minded professionals in the system. Because veterans deserve more than rigid rules—they deserve solutions.  

Call us if you, a close friend, or a family member is an armed forces veteran facing criminal charges. Even if you don’t meet the strict requirements of the Minnesota Veterans Restorative Justice Act, we may be able to get you the same result as those who do. That means no conviction and no criminal record.