resources for veterans facing criminal charges timothy young ohio public defender oacdl annual...

Resources for Veterans Resources for Veterans Facing Criminal ChargesFacing Criminal Charges

Timothy YoungTimothy Young

Ohio Public DefenderOhio Public Defender

OACDL Annual Superstar SeminarOctober 15, 2010

ResourcesResources

Treatment bedsTreatment beds Emergency cashEmergency cash Help for homelessHelp for homeless ExpertsExperts EmploymentEmployment Special docketsSpecial dockets ExplanationExplanation MitigationMitigation UnderstandingUnderstanding

What’s a vet?What’s a vet?

Ask every client: Ask every client: “Have you served “Have you served in the military?”in the military?”

Don’t ask: Don’t ask: “Are you a vet?”“Are you a vet?”

Ask juveniles if a Ask juveniles if a parent is servingparent is serving

Less than honorable Less than honorable dischargedischarge

Honorable Honorable Discharge not Discharge not always neededalways needed

General DischargeGeneral Discharge Might be upgraded Might be upgraded Still eligibleStill eligible

DishonorableDishonorable Might be upgradedMight be upgraded Not in time to help Not in time to help

with casewith case

Trauma-related offensesTrauma-related offenses

Impulse controlImpulse control TheftTheft Bar fightsBar fights Domestic violenceDomestic violence

Suicidal/homicidal Suicidal/homicidal actsacts

Negligence, Negligence, inattentioninattention

In DUI cases, look forIn DUI cases, look for Erratic driving Erratic driving

(you don’t drive (you don’t drive straight in Iraq)straight in Iraq)

Drug and alcohol Drug and alcohol addiction addiction

Public intoxicationPublic intoxication

Self-medication for Self-medication for service-related service-related problemsproblems

Service-related injuriesService-related injuries

Post-traumatic Stress Post-traumatic Stress Disorder (PTSD)Disorder (PTSD)

Traumatic Brain Injury Traumatic Brain Injury (TBI)(TBI)

Self-medication with Self-medication with alcohol or other drugsalcohol or other drugs

Addiction to pain Addiction to pain medications may start medications may start during injuryduring injury

Diagnosing PTSD and TBIDiagnosing PTSD and TBI

““The diagnosis of TBI, associated post-concussive The diagnosis of TBI, associated post-concussive symptoms and other comorbidities such as PTSD, symptoms and other comorbidities such as PTSD, presents unique challenges for diagnosticians. No presents unique challenges for diagnosticians. No screening instruments available can reliably make screening instruments available can reliably make the diagnosis; the gold standard remains an the diagnosis; the gold standard remains an interview by a skilled clinician. The current VA interview by a skilled clinician. The current VA screening tool is intended to initiate the evaluation screening tool is intended to initiate the evaluation process, not to definitively make a diagnosis.”process, not to definitively make a diagnosis.”

Source: http://www.ptsd.va.gov/professional/pages/traumatic-brain-Source: http://www.ptsd.va.gov/professional/pages/traumatic-brain-injury-ptsd.asp injury-ptsd.asp

Diagnosing PTSD and TBIDiagnosing PTSD and TBI

Bottom line: They Bottom line: They often get it wrong, but often get it wrong, but they are getting betterthey are getting better

The VA recognizes The VA recognizes past diagnostic errorspast diagnostic errors

PTSD and TBI are PTSD and TBI are frequently mixed up, frequently mixed up, and treatment for one and treatment for one does not work for the does not work for the otherother

Common Symptoms of TBICommon Symptoms of TBI

Headaches Headaches DizzinessDizziness Cognitive impairmentCognitive impairment Fatigue Fatigue IrritabilityIrritability Vision changesVision changes Balance problemsBalance problems Mood changes Mood changes Sleep difficultySleep difficulty

Signs of PTSDSigns of PTSD Re-living:Re-living: Feels the same horror and fear that was felt Feels the same horror and fear that was felt

when the event took place; nightmares, flashbacks; when the event took place; nightmares, flashbacks; sights or sounds that trigger re-living the eventsights or sounds that trigger re-living the event

Avoidance:Avoidance: Avoiding situations or people that trigger Avoiding situations or people that trigger memories of the traumatic event; avoid thinking or talking memories of the traumatic event; avoid thinking or talking about the eventabout the event

Numbing:Numbing: Difficulty expressing feelings; does not feel Difficulty expressing feelings; does not feel positive or loving feelings toward others; avoids personal positive or loving feelings toward others; avoids personal relationships; uninterested in activities that previously relationships; uninterested in activities that previously brought feelings of joybrought feelings of joy

Hyperarousal:Hyperarousal: Jittery; constantly on high alert for Jittery; constantly on high alert for danger; sudden mood swings; difficulty sleeping; trouble danger; sudden mood swings; difficulty sleeping; trouble concentrating; always on guard; fearful; very easily concentrating; always on guard; fearful; very easily startledstartled

TBI TreatmentTBI Treatment Occupational therapyOccupational therapy is intended to enhance a person's is intended to enhance a person's

ability to do activities of daily living, job-related tasks, ability to do activities of daily living, job-related tasks, improve fine motor coordination and maximize improve fine motor coordination and maximize participation in leisure activitiesparticipation in leisure activities

Physical therapyPhysical therapy involves exercising and moving the involves exercising and moving the body to preserve, enhance or restore movement and body to preserve, enhance or restore movement and impaired function utilizing therapeutic exercise, assistive impaired function utilizing therapeutic exercise, assistive devices and individual education and trainingdevices and individual education and training

Speech and Cognitive therapiesSpeech and Cognitive therapies work with individuals work with individuals with TBI who may have problems with attention and with TBI who may have problems with attention and concentration, learning, problem solving, memory, and concentration, learning, problem solving, memory, and speech. The goals are to retrain the brain.speech. The goals are to retrain the brain.

Other specialized therapies such as Vestibular (balance) Other specialized therapies such as Vestibular (balance) therapy, Art therapy, Therapeutic Recreation, and Driver therapy, Art therapy, Therapeutic Recreation, and Driver Rehabilitation.Rehabilitation.

Wrong treatment is no treatmentWrong treatment is no treatment

If your client has not If your client has not responded to responded to treatment for PTSD or treatment for PTSD or TBI, consider asking TBI, consider asking for evaluation of the for evaluation of the otherother

Watch oral argument Watch oral argument in in Butler County Bar Butler County Bar Assoc. v. Minamyer, Assoc. v. Minamyer, Case No. 2009-2284Case No. 2009-2284

Veterans Justice Outreach Veterans Justice Outreach SpecialistsSpecialists

At each VAAt each VA

Their job is to help Their job is to help veterans in the criminal veterans in the criminal justice system, justice system, especially for especially for misdemeanors, misdemeanors, especially veterans and especially veterans and other specialty docketsother specialty dockets

http://www1.va.gov/http://www1.va.gov/HOMELESS/HOMELESS/VJO_Contacts.aspVJO_Contacts.asp

Ohio VJO ContactsOhio VJO Contacts Chillicothe: Chillicothe VA Medical Center, Chillicothe: Chillicothe VA Medical Center, Sherri Sherri CarseyCarsey

(Sherri.Carsey@va.gov)(Sherri.Carsey@va.gov)

Cincinnati: Cincinnati VA Medical Center, Cincinnati: Cincinnati VA Medical Center, Sally Sally HammittHammitt (Sally.Hammitt@va.gov)(Sally.Hammitt@va.gov)

Cleveland: Louis Stokes VA Medical Center, Cleveland: Louis Stokes VA Medical Center, Toni JohnsonToni Johnson (Toni.Johnson@va.gov) (Toni.Johnson@va.gov)

Columbus: Chalmers P. Wylie Ambulatory Care Center, Columbus: Chalmers P. Wylie Ambulatory Care Center, Mary GilletteMary Gillette (Mary.Gillette@va.gov) (Mary.Gillette@va.gov)

Dayton: Dayton VA Medical Center, Dayton: Dayton VA Medical Center, Robert Robert FrymanFryman (Robert.Fryman@va.gov)(Robert.Fryman@va.gov)

Ann Arbor: VA Ann Arbor Healthcare System, Ann Arbor: VA Ann Arbor Healthcare System, Melody PowersMelody Powers (melody.powers@va.gov)  (melody.powers@va.gov)

VJO’s: mainly for VJO’s: mainly for misdemeanorsmisdemeanors

Limited help for feloniesLimited help for felonies Can link to servicesCan link to services No expert witnessesNo expert witnesses No forensic evaluationNo forensic evaluation Possible VA evaluationPossible VA evaluation YOU need to pushYOU need to push

County veterans service officesCounty veterans service offices

Some better than Some better than othersothers

ServicesServices Emergency cash for Emergency cash for

mortgage, rent, utilities mortgage, rent, utilities for vets and for vets and dependentsdependents

Transportation to VA Transportation to VA hospitalshospitals

Links to people who Links to people who can provide other can provide other servicesservices

Veterans in DRCVeterans in DRC

Clients going to Clients going to prison need to cut off prison need to cut off their benefitstheir benefits The VA will find out The VA will find out

and will get its money and will get its money backback

Some clients don’t Some clients don’t disclose because they disclose because they don’t want DRC to don’t want DRC to know of their trainingknow of their training

Veterans in DRCVeterans in DRC

Veteran status opens Veteran status opens up reentry optionsup reentry options

DRC has a person DRC has a person dedicated to helping dedicated to helping veterans in prison: veterans in prison: Brian Byorth,Brian Byorth,(614)728-1905(614)728-1905

Help in finding jobs, Help in finding jobs, training, treatmenttraining, treatment

You can call us, tooYou can call us, too

614-466-5394614-466-53941-800-686-15731-800-686-1573

www.opd.ohio.gov www.opd.ohio.gov