Legal Question in Military Law in Utah

awol nephew

My nephew went awol in May 2007 a warrant was issued for his arrest now he has been arrested on charges of desertion. He is in our county jail. What are his options now.

a concerned aunt.


Asked on 9/19/07, 2:22 pm

3 Answers from Attorneys

John K. Harris Attorney at Law

Re: awol nephew

Your nephew should contact an Attorney familiar with military law. He can contact me if he needs help.

Read more
Answered on 9/21/07, 4:19 pm
Philip D. Cave Military Law & Justice

Re: awol nephew

Email me.

www.court-martial.com

Read more
Answered on 9/19/07, 2:47 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: awol nephew

He has very few good ones. The military is very harsh when people stay gone more than 30 days. AWOL is usually punished by nonjudicial punishment, but desertion is usually a court-martial type offense.

Your nephew should say nothing to any investigator without a JAG lawyer (or private attorney) present. He will not get bail on the warrant. He will be returned to military control as soon as practical. Once in military control, he will be sent back to the base he was at when he went AWOL and he'll face the charges.

Whenever people write on here about a family member that is AWOL, I always advise them to have the soldier, sailor, airman or marine return immediately to military control. Whatever the problem was that made them go over the fence, it only gets worse with every hour outside of military control.

This may be a very big break for your nephew. He may be able to make this right, and either continue in the military or be discharged and get on with his life. Keep writing to him, and support him as best you can.

Good luck.

Read more
Answered on 9/19/07, 6:38 pm


Related Questions & Answers

More Military Law questions and answers in Utah