Legal Question in Military Law in California

a.w.o.l desertion

what is most likely to happen to me ive been gone for over 2 years


Asked on 1/21/09, 5:33 pm

1 Answer from Attorneys

Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: a.w.o.l desertion

It's hard to tell without knowing more facts, such as how long you were on active duty, why you left, were there any other matters/charges pending, etc.

If you voluntarily surrender and turn yourself in, that will help immensely. My advice is to contact an attorney that is experienced in handling military law matters, have them "negotiate" your return and then keep your word.

If you're caught, you will be charged with "Desertion terminated by apprehension" and will most likely face a General Court-Martial and jail time.

There's no guarantee that you won't get prosecuted even if you turn yourself in, but then you at least have a chance either for a Special Court-Martial or administrative action.

But, don't wait. Get this resolved soon, as even if you get stopped for a traffic ticket, your name is in the "system" the Desertion Warrant will show up and you'll be arrested and put in jail with no bail until the military decides to come and get you.

Good luck.

Read more
Answered on 1/24/09, 4:31 pm


Related Questions & Answers

More Military Law questions and answers in California