Legal Question in Military Law in California

Re: Desertion

Desertion is a continuing crime. Each day you remain away from your duty station is another day you commit the crime. Hence the statute never starts to run until you return to the military for disposition.

Usually deserters are given a jail sentence and dishonorable discharge. This is bad, but much better than looking over your shoulder for the rest of your life.

Contact an attorney and have your attorney negotiate your surrender for you. He or she may be able, at that time, to negotiate a disposition that is favorable. The military wants to get this over with as badly as you do, and if you were in boot camp at the time, the military might tend to go easier on you than if you had two or three years of service and deserted at time of war. So your attorney might be able to get you a reasonable deal that is not too severe. It depends on a multitude of factors, however.

Note that any job you get that uses your real social security number will cause you to show up on the database and get arrested. Sooner or later you'll be caught, and when that happens, it might be at the most inconvenient time in your life, like when you are about to start that dream job, or marry that dream girl.

The best approach is to surrender, take your medicine, and get on with your life.

And, for what its worth, I know someone who was once AWOL for 28 days and who was discharged after serving 55 days of jail time. That person went on to be very successful in a medical career. But he would have had no chance if he hadn't decided to do the right thing and turn himself in.

Best of luck to you.