Resources for Veterans Facing Criminal Charges

1. Resources for Veterans Facing Criminal Charges Timothy Young Ohio Public Defender OACDL Annual Superstar Seminar October 15, 2010

2. Resources • Treatment beds • Emergency cash • Help for homeless • Experts • Employment • Special dockets • Explanation • Mitigation • Understanding

3. What’s a vet? • Ask every client: “Have you served in the military?” • Don’t ask: “Are you a vet?” • Ask juveniles if a parent is serving

4. Less than honorable discharge • Honorable Discharge not always needed • General Discharge • Might be upgraded • Still eligible • Dishonorable • Might be upgraded • Not in time to help with case

5. Trauma-related offenses • Impulse control • Theft • Bar fights • Domestic violence • Suicidal/homicidal acts • Negligence, inattention

6. In DUI cases, look for • Erratic driving (you don’t drive straight in Iraq) • Drug and alcohol addiction • Public intoxication • Self-medication for service-related problems

7. Service-related injuries • Post-traumatic Stress Disorder (PTSD) • Traumatic Brain Injury (TBI) • Self-medication with alcohol or other drugs • Addiction to pain medications may start during injury

8. Diagnosing PTSD and TBI “The diagnosis of TBI, associated post-concussive symptoms and other comorbidities such as PTSD, presents unique challenges for diagnosticians. No screening instruments available can reliably make the diagnosis; the gold standard remains an interview by a skilled clinician. The current VA screening tool is intended to initiate the evaluation process, not to definitively make a diagnosis.” Source: http://www.ptsd.va.gov/professional/pages/traumatic-brain-injury-ptsd.asp

9. Diagnosing PTSD and TBI • Bottom line: They often get it wrong, but they are getting better • The VA recognizes past diagnostic errors • PTSD and TBI are frequently mixed up, and treatment for one does not work for the other

10. Common Symptoms of TBI • Headaches • Dizziness • Cognitive impairment • Fatigue • Irritability • Vision changes • Balance problems • Mood changes • Sleep difficulty

11. Re-living: Feels the same horror and fear that was felt when the event took place; nightmares, flashbacks; sights or sounds that trigger re-living the event Avoidance: Avoiding situations or people that trigger memories of the traumatic event; avoid thinking or talking about the event Numbing: Difficulty expressing feelings; does not feel positive or loving feelings toward others; avoids personal relationships; uninterested in activities that previously brought feelings of joy Hyperarousal: Jittery; constantly on high alert for danger; sudden mood swings; difficulty sleeping; trouble concentrating; always on guard; fearful; very easily startled Signs of PTSD

12. Occupational therapy is intended to enhance a person's ability to do activities of daily living, job-related tasks, improve fine motor coordination and maximize participation in leisure activities Physical therapy involves exercising and moving the body to preserve, enhance or restore movement and impaired function utilizing therapeutic exercise, assistive devices and individual education and training Speech and Cognitive therapies work with individuals with TBI who may have problems with attention and concentration, learning, problem solving, memory, and speech. The goals are to retrain the brain. Other specialized therapies such as Vestibular (balance) therapy, Art therapy, Therapeutic Recreation, and Driver Rehabilitation. TBI Treatment

13. Wrong treatment is no treatment • If your client has not responded to treatment for PTSD or TBI, consider asking for evaluation of the other • Watch oral argument in Butler County Bar Assoc. v. Minamyer, Case No. 2009-2284

14. Veterans Justice Outreach Specialists • At each VA • Their job is to help veterans in the criminal justice system, especially for misdemeanors, especially veterans and other specialty dockets • http://www1.va.gov/HOMELESS/VJO_Contacts.asp

15. Ohio VJO Contacts • Chillicothe: Chillicothe VA Medical Center, Sherri Carsey (Sherri.Carsey@va.gov) • Cincinnati: Cincinnati VA Medical Center, Sally Hammitt (Sally.Hammitt@va.gov) • Cleveland: Louis Stokes VA Medical Center, Toni Johnson (Toni.Johnson@va.gov) • Columbus: Chalmers P. Wylie Ambulatory Care Center, Mary Gillette (Mary.Gillette@va.gov) • Dayton: Dayton VA Medical Center, Robert Fryman (Robert.Fryman@va.gov) • Ann Arbor: VA Ann Arbor Healthcare System, Melody Powers (melody.powers@va.gov)

16. VJO’s: mainly for misdemeanors • Limited help for felonies • Can link to services • No expert witnesses • No forensic evaluation • Possible VA evaluation • YOU need to push

17. County veterans service offices • Some better than others • Services • Emergency cash for mortgage, rent, utilities for vets and dependents • Transportation to VA hospitals • Links to people who can provide other services

18. Veterans in DRC • Clients going to prison need to cut off their benefits • The VA will find out and will get its money back • Some clients don’t disclose because they don’t want DRC to know of their training

19. Veterans in DRC • Veteran status opens up reentry options • DRC has a person dedicated to helping veterans in prison: Brian Byorth,(614)728-1905 • Help in finding jobs, training, treatment

20. You can call us, too 614-466-5394 1-800-686-1573 www.opd.ohio.gov