The BRAVE Act: Building OUI Defense for Veterans
Two years ago, Massachusetts passed the BRAVE Act omnibus bill to support veterans who have been charged with a criminal offense. Signed by Governor Charlie Baker, An Act Relative to Veterans Benefits, Rights, Appreciation, Validation and Enforcement (S. 2632) provides help for members of the military community and their families, including educational opportunities, tax credits, and medical aid. One of the key functions of this legislation is to provide help to individuals with demonstrated health issues that contribute to charges of OUI. Often, those who are experiencing mental illness or a substance use disorder will receive treatment and criminal charges will be dismissed. Read on to learn if you could benefit from this landmark legislation.
Does My Case Qualify?
Active military personnel or veterans who were charged with OUI are not automatically given coverage by the BRAVE Act. They will need to be deemed eligible by the VA, a term which here means those who, as a result of their time serving in the military, are suffering from:
- Serious mental illness,
- A traumatic brain injury, or
- A substance use disorder.
Those who wish to be spared by the BRAVE Act must also have had no prior OUI arrests (even if charges were dismissed or the individual was found not guilty). This legislation pertains only to those who are being charged with OUI for the first time and require treatment from the VA for one of the issues outlined above.
BRAVE Act Defense in Massachusetts
Coughlin Law Group has worked extensively with active military personnel and veterans who have appealed criminal charges through the BRAVE Act. We create a comprehensive defense that could result in your OUI case being fully dismissed. If you would like to learn more about incorporating the BRAVE Act into your OUI defense, contact Coughlin Law Group today by calling (617) 758-8888.