Finding out that a veteran you love — a spouse, a parent, an adult child — has been arrested is frightening, and it often comes with a particular kind of confusion. Maybe this is someone who served honorably, came home changed, and has been struggling quietly ever since. Maybe the incident that led to the arrest doesn’t look like “who they really are”. Families in this situation usually have the same question: what do we do now?
As both a United States Marine Corps Veteran and an attorney Tait D. Elkie has a unique perspective not held by many attorneys. Here’s what he would want any family to know.
1. Get an attorney involved immediately
This matters in any criminal case, but it matters especially early for veterans, because some of the most useful options — like veterans treatment court — often need to be raised early in the process, sometimes before or shortly after arraignment. Don’t wait to “see how serious it is” before calling a lawyer.
2. Start gathering military and medical records now
Documentation of service-connected conditions — PTSD, traumatic brain injury, military sexual trauma, chronic pain from service-related injury — can matter enormously. Courts and prosecutors are often willing to treat a case differently when there’s a documented, credible connection between military service and the behavior at issue. That documentation doesn’t excuse conduct, but it can meaningfully shape how a case is charged, negotiated, or resolved. Start pulling together DD-214s, VA treatment records, and any prior diagnoses as early as possible.
3. Ask about Veterans Treatment Court
Many jurisdictions, including several here in the East Valley, have specialized veterans courts that prioritize treatment and accountability over straight punishment. These programs are typically limited to certain charges — often misdemeanors and usually excluding serious violent offenses or sex crimes.
4. Understand that VA benefits usually aren’t lost overnight
Families are often terrified that an arrest means an automatic end to VA disability compensation. That’s usually not accurate. A misdemeanor conviction generally has no effect on VA benefits at all. Even with a felony conviction, benefits are typically reduced — not eliminated — during any period of incarceration longer than 60 days, and they are restored once the veteran is released, provided they aren’t a fugitive from the law. A criminal record on its own does not disqualify a veteran from VA benefits going forward.
5. Lean on reentry and family support resources
Programs like the VA’s Health Care for Reentry Veterans initiative and the Department of Labor’s Incarcerated Veterans Transition Program exist specifically to help with housing, employment, and treatment during and after a case resolves. Family involvement — showing up to hearings, writing character letters, helping coordinate treatment — often matters more than families realize in how a case is ultimately handled.
You’re Not Starting From Nothing
A criminal charge involving a veteran in your family can feel like it’s unraveling everything. In our experience, it rarely is. There are specific tools, specific courts, and specific people whose entire job is understanding how military service and criminal justice intersect. The most important step is simply making sure someone with that experience is involved from the start.
If your family is facing this right now, we’re glad to talk it through with you.
Legal Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with Fountain Hills Law Firm. Legal outcomes vary based on individual circumstances, and readers should consult an attorney regarding their specific situation.
