Veterans Court Division — Dismissal Is on the Table, but Only Before Judgment
Any Georgia court with jurisdiction over criminal cases may run a veterans court division. The statutory definition of veteran is wide — a former member of the armed forces or of any state’s National Guard, with no combat, discharge or service-period test. Complete the programme before judgment is entered and the prosecuting attorney may dismiss the case; complete it as part of a sentence and the sentence may be reduced or modified instead.
Verified August 23, 2026
What this benefit is
Any Georgia court with jurisdiction over criminal cases may run a veterans court division. The statutory definition of veteran is wide — a former member of the armed forces or of any state’s National Guard, with no combat, discharge or service-period test. Complete the programme before judgment is entered and the prosecuting attorney may dismiss the case; complete it as part of a sentence and the sentence may be reduced or modified instead.
What it's worth: Dismissal by the prosecuting attorney on completion before judgment, or a reduced or modified sentence on completion as part of one
- O.C.G.A. § 15-1-17(a)(2): "'Veteran' means a person who is a former member of the armed forces of the United States or a state's National Guard." There is no combat requirement, no discharge-character requirement and no minimum period of service in the definition.
- § 15-1-17(b)(1): any court that has jurisdiction over criminal cases may establish a veterans court division "to provide an alternative to the traditional judicial system for disposition of cases in which the defendant is a veteran".
- § 15-1-17(b)(2): the court may refer the case to the division prior to the entry of the sentence if the prosecuting attorney consents; as part of a sentence in a case; or upon consideration of a petition to revoke probation.
- § 15-1-17(b)(3): the work plan must include eligibility criteria, and defendants charged with murder, armed robbery, rape, aggravated sodomy, aggravated sexual battery, aggravated child molestation or child molestation are not eligible, except in the case of a separate court supervised reentry programme designed to more closely monitor veterans returning to the community after having served a term of incarceration.
- § 15-1-17(c)(2): "If the veterans court division participant successfully completes the veterans court division program prior to the entry of judgment, the case against the veterans court division participant may be dismissed by the prosecuting attorney." §15-1-17(c)(3): completion as part of a sentence means the sentence "may be reduced or modified".
- § 15-1-17(c)(4): a plea of guilty or nolo contendere entered pursuant to the Code section may not be withdrawn without the consent of the court. § 15-1-17(e): nothing permits a judge to impose, modify or reduce a sentence below the statutory minimum.
- § 15-1-17(d): a participant’s statements and staff mental health reports are not admissible as evidence against the participant in any legal proceeding or prosecution — but on violation or termination, the reasons may be considered in sanctioning, sentencing or otherwise disposing of the case.
- § 15-1-17(f): division records are confidential, are not disclosed outside the division, and are not subject to the Open Records article or to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.
- § 15-1-17(g): any fees received from a participant as payment for veterans services are not court costs or a fine.
- § 15-1-17(b)(4)(C)–(D): to receive state appropriated funds, a division established on or after 1 July 2017 must be certified by the Council of Accountability Court Judges of Georgia or receive a waiver; the Council publishes an annual report listing certified divisions on or before 1 September.
Who is entitled to it
- You served, which is what this route is written around.
- The definition names a member of a state’s National Guard in terms.
- Your home is in Georgia.
Not sure whether that describes you?
Answer a few questions about this benefit specifically — we only ask what this one actually depends on, and we stop as soon as we know.
How to claim it
Deadline: Before the entry of judgment, if dismissal is the goal- 1Say you served, at the first meeting with counsel. The definition is wide enough that many people who do not think of themselves as veterans are inside it — including a former member of any state’s National Guard.
- 2Push for referral BEFORE the entry of judgment if dismissal matters to you. That is the only route on which subsection (c)(2) lets the prosecuting attorney dismiss the case. Referral as part of a sentence gets you a sentence that may be reduced or modified, which is a different and smaller thing.
- 3Expect the prosecutor to hold the key on the pre-sentence route. Subsection (b)(2)(A) conditions it on the prosecuting attorney’s consent.
- 4Check the seven excluded offences: murder, armed robbery, rape, aggravated sodomy, aggravated sexual battery, aggravated child molestation and child molestation. The only carve-out is a separate court supervised reentry programme after a term of incarceration.
- 5Read the local work plan, not just the statute. Subsection (b)(3) requires each division to write its own eligibility criteria into a work plan drawn up by a planning group of judges, prosecutors, sheriffs, public defenders, community supervision officers and people with expertise in veterans’ services.
- 6Ask whether the division is certified. Certification by the Council of Accountability Court Judges is what unlocks state appropriated funds for divisions established on or after 1 July 2017, and the Council publishes an annual list on or before 1 September.
- 7Understand the confidentiality and its one hole before you speak freely. What you say and what staff report about your mental health cannot be used against you — unless you violate the conditions or are terminated, in which case the reasons may be weighed in sanctioning or sentencing.
- 8Do not treat a guilty or nolo plea entered for the programme as reversible. Subsection (c)(4) says it may not be withdrawn without the consent of the court.
- 9Ask the Georgia Department of Veterans Service’s Women Veterans Office for a mentor. That office states it is charged with providing mentorship and advocacy for veterans working with Georgia’s veteran treatment courts.
- Form
- None — raised through counsel in the case
- File with
- The Georgia court hearing your case, through defence counsel or the circuit public defender
- Documents you will need
- dd214
- No renewal
- Once granted it does not need renewing.
Sources
- authority · statuteO.C.G.A. § 15-1-17, Veterans court divisions, as published by the Council of Accountability Court Judges of Georgia (definitions of "VA" and "Veteran"; any court with criminal jurisdiction may establish a veterans court division; three referral routes; planning group and written work plan; seven excluded offences with a court supervised reentry exception; Council of Accountability Court Judges duties to adopt standards and practices, provide technical assistance, run certification and peer review and a waiver process, condition state funds on certification or waiver from 1 July 2017, publish an annual report of certified divisions on or before 1 September, manage an electronic performance measurement system, and conduct a performance peer review every three years; designation of prosecuting attorneys and assistant public defenders; clerk; agreements with other courts and agencies; funding sources; written completion criteria; dismissal by the prosecuting attorney on completion before entry of judgment; reduction or modification of sentence on completion as part of a sentence; plea not withdrawable without the court's consent; inadmissibility of participant statements and staff mental health reports with a violation-or-termination exception; no sentence below the statutory minimum; access to records with confidentiality and an Open Records exemption; participant fees are not court costs or a fine; authority to accept grants and donations) [Laws 2014, Act 483, § 2, eff. July 1, 2014; Laws 2015, Act 73, § 5-4; Laws 2015, Act 74, § 5-3; Laws 2017, Act 226, § 1-1, eff. July 1, 2017]
- operating · published policyCouncil of Accountability Court Judges of Georgia — Apply for Veterans Treatment Court Certification ("By certifying your court, it will be eligible for state funding (per O.C.G.A. § 15-1-17)"; certification requirements are based on standards and best practices developed from national research; courts complete a Veterans Treatment Court Certification Application and submit supporting documents through an online form)
This finder provides an informational match, not a government eligibility determination. The responsible agency decides your application.