Legal Question in Military Law in California

Deserter????

Our family went through hard times and we were homeless. My husband took leave to find us an apartment. On the 2nd day of his leave he found out that he failed his drug test and his command ordered him to report back to his ship. Instead he continued with his leave inhopes of findin his family shelter. He was gone for more than 30 days and was considered a diserter. He was picke up and held in a local jail for 5 days prior to the military coming to get him. He did indeed miss ships movement (deployment). He is now in the brig. What happens next? Can they hold him until his ship return? How long will he be punished? Also will the time served in the local jail count against the time he is going to serve? Please help. Our family is still homeless & I don't know where to turn? Will the militart help and provide temporary shelter until his sentencing is over?


Asked on 5/27/08, 11:24 am

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Re: Deserter????

When he did not return, he went into an unauthorized absence status. Has he been given a punishment for this or is he being held pending trial? If he has not yet been punished, he is being held in jail because they are thinking of taking him to a court-martial and they deem him a flight risk. A court-martial is a trial where he faces substantial jail time and where he will need a good attorney. He should NOT talk about his case in the brig. Only talk about with an attorney, not the other people inside. The time he was held in local jail should count towards whatever punishment he may receive. He will begin drawing his pay and allowances, but the military probably will not provide housing. You could try to get in the Navy Lodge and maybe his command could help with the costs, but they may not want to do this.

Please feel free to contact me if you have additional questions.

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Answered on 5/27/08, 3:04 pm


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