Legal Question in Military Law in Virginia

AWOL for 3 years

My husband was recently (today, in fact) picked up by the police because he went AWOL three years ago. This is partially my fault, I feel , because I went ballistic when he told me he was shipping out, and he was worried about my mental state.

I have no earthly clue what's going--name removed--happen, now- he was the family's only means of support, and we have three young children together. We have never moved from the address we had while he was still reporting, and have never tried--name removed--hide our location.

What can I do--name removed--help him, and what can I do--name removed--ensure that there will still be a home--name removed--come back--name removed--once this is all over with? We have no money or resources, so I'm afraid I won't be able--name removed--afford--name removed--hire you fine representives, unfortunately.


Asked on 1/31/08, 2:29 pm

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

Re: AWOL for 3 years

He will be taken back to his unit and either tried by court-martial or given a discharge. It sounds like he is in the Army. What unit is he attached to? His commander will make the decision about what to do with him. A court-martial is a criminal trial for being AWOL and carries up to a year in jail and a bad discharge from the military. If he was scheduled to deploy, he could also be charged with other crimes which carry even more time. I do not know if they will do this or not, but it is a distinct possibility. He should speak with a lawyer about this before he makes any statements to the military officials which could be used against him.

You or he can feel free to contact me at any time if you have any other questions or if I can be of any assistance.

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Answered on 1/31/08, 3:25 pm


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