Legal Question in Military Law in Kansas

court martials

An Army Soldier gets arrested in a different state then he is based at, without permission to leave. Considered AWOL at this point. And cant return without the MPs picking him up from the state he is being detained at. WIll the civilian judge release him back to the Army? Will he have to be punished as a civilian as well or just the Army will have to punish him? WIll he loose his license, go to jail? The reason he was arrested was a DUI and speeding. He also had an unregistered handgun on him with 8 bullets in the chamber. He has no priors and no criminal record. When the MPs come to get him, if he gets a general court martial or a summary, what will that do? will he go to prison? Will they just let him out of the army on an article 15? And again, because this happened in another state, will he have to appear in court in that state also in front of the civilian judge and have probation etc as a civilian would? Or will he only be punished by the army?


Asked on 1/07/08, 12:33 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: court martials

On the Colorado charges he will have to answer in Colorado. Because he has a clean record, he will likely not draw jail time, but may draw probation. He may be able to get permission for Kansas supervision of his probation.

On the Army side, it just really depends a lot on what command he is in as to how they play it. He cant be punished for the civilian offenses, although he could be charged with conduct unbecoming, a general catch all charge that they use when a soldier's actions have brought discredit upon the unit.

He needs to talk to JAG about the military charges, and he needs to thrown himself on the mercy of the unit commander.

He should seek competent civilian representation on the civilian charges.

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Answered on 1/07/08, 3:21 pm


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