Legal Question in Military Law in Alaska

Re: deserted

The outcome you desire is not dependent on the lawyer you choose, but rather, on the command you deserted from and their willingness to overlook desertion. Desertion is treated by the military as a criminal act. Although many soldiers are administratively discharged in similar circumstances, your circumstance may be different. The fact that you are pregnant weighs in your favor, but the fact that you have stayed gone from the military for an extensive length of time does not.

You need an attorney who represents soldiers in these kinds of cases and can assist you with the process. You are likely to be sent back to your original unit and you are likely to face criminal charges. You should discuss this with your lawyer because it may be more cost effective to hire an attorney close to where you are going to be held once you turn yourself in.

Whatever you do, turn yourself in and get this resolved. Even if you have to do 12 to 18 months in the disciplinary barracks (which I do not think is likely, but is possible), it would be better to do it while your child is small.

Good luck

Re: deserted

First, You can and should go to a doctor before you turn yourself back in. A good doctor would not report you, and having the medical evaluation and records will help to mitigate your AWOL. In fact, I would say it would be to your advantage legally to get a full medical evaluation before going back.

Secondly, you are NOT a deserter and should never admit to the fact that you "deserted." The UCMJ offense of desertion has an intent element that you likely have not satisfied (in other words, if you intent to return to military control at a later point in time you are not a deserter, only AWOL). If and when you do go back, do not admit to the fact that you "deserted" and you should refuse to sign any paper that uses the word "desertion" on it unless you talk to a lawyer.

Third, if you went AWOL during Basic training or AIT, you very well could be able to return to your family in 1-3 weeks. If you are permanent party, it will be more difficult but not impossible. I would recommend calling a lawyer with experience on AWOL cases or if you can't afford a lawyer call the GI Rights Hotline for basic information. Those folks aren't lawyers but that can steer you in the right direction to be able to help yourself.

Good luck, and if I can be of assistance please contact me!

Re: deserted

I have represented several Marines and Soldiers in a similar situation.

Contact us for a free initial consultation.

Sincerely, www.court-martial.com