Legal Question in Military Law in Texas

Deserter

My husband was arrested on Jan 2, 2002 for being Deserter from the Marine Corps for 8 months. He was only in the Corps for less then a year when he went awol. Its now Jan 22 and no one has come to pick him up. He has a concealed weapons charge on him too at the moment. I need all possible ways this could turn out. I know awol is a serious crime and the military goes on a case by case basis, but can I get an estimate or at least an opinon and how long he will be away? Away as in the BRig. Plus he and I both have no money for a lawyer... and he kind of needs one.


Asked on 1/22/02, 11:35 pm

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

Re: Deserter

You were unclear in your message who placed the concealed weapons charge on your husband. If the charge is placed by local authorities, your husband is probably eligible for help from a public defender.

If he is brought up by the military on charges of desertion, then he has an opportunity to obtain a JAG lawyer to help him with his case.

The most likely outcome is a sentence between six months and one year in a military disciplinary barracks and then dishonorable discharge. He will forfeit his military pay and any veterans benefits as a consequence. If he is court-martialed, he will have a federal conviction on his record.

The marines are sometimes more severe than other branches, so a longer sentence might also be a possibility, again, depending on factors that the court-martial considers. The JAG lawyers are pretty good, however, and they will do their best to help your husband.

The reason the Marines have not come to pick him up is probably the concealed weapons charge. He has to be released by the civilian authorities before he can be transferred to military control.

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Answered on 1/23/02, 8:43 am


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