Consequences for walking away from the military
Atlanta, GA
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Posted 11 months ago in Military Law
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UCMJ:
I have a friend that went to pay for her tag and was arrested. Apparently she use to be in the military but decided to just walk away from it after she got pregnant. Well that was over 10 yrs ago! They are planning on taking her back to New Orleans, I guess that's where her unit is. What course of action can she take? Will she have to do any prison time?
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prison, not usually....but depending on who was in charge...welll.. I was escorted nicely from my residence when I was due to take leave three days later.I was still billed for the leave, held hostage for six months at a mental facility.[seems my supervisor got busy when I decided to walk the Chain of command from a safer enviroment....] then I was sent home with a disability for a condition I dont have.I still have yet to collect monies owed to me. usually i read the person might get some jail time, but my step brother just got a dishonorable.its not that bad, really, just limits your job choices for awhile.the military makes this out to be way worse than it really is because they want you to stay in. Answers (1)Jeffrey Alan Lustick
This attorney is licensed in Washington.
Posted 10 months ago.
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The situation you describe is called desertion under military law, and - get this - when committed in a time of war, carries the death penalty. But don't worry, that ultimate punishment is unlikely in your friend's case, but there are some things she should know.
First, most deserters do not get prosecuted in a criminal sense. They may face some sort of confinement as part of an Article 15 action, but most just receive an administrative separation. Usually the military does not want to commit a lot of time and resources prosecuting people who up a leave, but they do want to clean up the service records and get the missing person off of their books. Second, if she is in the rare case of someone who goes AWOL or desserts, she is likely to not receive too much jail time if she gets convicted. She would have the right to a military defense counsel or could hire her own attorney. In either case, her lawyer can present evidence as to what she was doing over the past 10 years. If she was productive and did not commit any new violations of the law, this will be helpful and will mitigate her punishment a lot.
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