Legal Question in Military Law in West Virginia

Re: Navy Deserter Lives at my Home

The anwer to YOUR question is, YES, you can get into a LOT of trouble. You could be charged with the federal crime of "harboring a fugitive" because after 30 days, the Navy would have filed desertion charges against your son's friend, as well as a "missing movement" charge.

He needs to get back to the military ASAP - if he woluntarily returns, they MIGHT reduce the desertion charge back to AWOL, but he's in serious trouble if caught and any law enforcement agency can arrest and hold him without bail.

Email me privately if I can be of any further assistance.

Re: Navy Deserter Lives at my Home

You are harboring a federal fugitive. Although he renewed his driver's license and is employed, that is simply an indication that the federal officers assigned to track down deserters are overworked. He has laid a nice path directly to your door, and your attempt to shield him from the authorities is in fact a federal crime. While in most cases it would not be charged so long as you didn't interfere in his capture, it is still a charge in their arsenal. It is foolish for you to take this risk!

You should encourage the young man to return to military control. He should do that without delay. If he does not wish to do that, you must ask him to leave. After he leaves, you should contact NCIS and give him some help he is unlikely to want. NCIS will come and make the arrest. You would be wise to have an attorney contact NCIS on your behalf in order to prevent them knowing who turned him in.

If his presence at your home is later uncovered and anyone asks questions about how long he stayed at your place, you would be wise to invoke your right to remain silent and your right to counsel.

If you don't want to turn him in, then at the very least you must ask him to leave your home and have no further contact with you. That makes it less likely you would be charged.

The problem with desertion is that like murder, there really is no statute of limitations. The boy will never be able to quit running. He will never be able to get on with his life as long as this hangs over his head.

Good luck with this.

Re: Navy Deserter Lives at my Home

That's a good question, but more importantly, he needs to deal with his AWOL status.

Try this site:

http://www.sldn.org/templates/legalhelp/record.html?section=19&record=75

Re: Navy Deserter Lives at my Home

I strongly recommend that your son's best friend return to the Navy. He should contact an attorney for help.