Military Legal Advice (serious question) (1 Viewer)

[Brian Mansure]

Does anybody know the Statute of Limitations on a Federal Warrant for an AWOL soldier?
No, I'm not running from the Military... I have an honorable discharge from the Army, but unfortunately a buddy of mine left the armed forces the wrong way. :frowning:
I'd rather not get into the "right and wrong" of the situation as both he and I know he made a HUGE mistake.
I would like to know some facts to assist his wife in learning their rights though.
Local authorities have detained him at a county prison and he was suppose to have been picked up by the Navy yesterday but they never showed.
His wife has contacted several JAG and civilian attorneys but has not gotten a straight answer yet. I understand in most cases a lawyer cannot answer certain legal questions for ethics reason and such but the guy's wife is at home with 3 kids one of which is their newborn.
Again, he realizes it was a big mistake and that he deserves some type of punishment but his family is also suffering and needs some assistance.
So if anybody can point us in the right direction or answer some of these questions please reply or email me at [email protected] .
I truly appreciate any and all help.
Brian

 

[Cam S]

I can't give you much advice, but how did he leave the army in a way that made it a criminal offense? I had no idea this sort of thing could happen.

 

[Brian Mansure]

Cam,

Basically a person that has signed a contract with any of the U.S. Armed Forces to become a soldier and that person then takes leave without permission is considered AWOL (Absent without Leave) or even more severe, can be charged with desertion; both are considered Federal offenses.

What makes this situation even more bizarre is that he walked off a Naval Base in Norfolk, Virginia over 2 years ago. They haven't come for him till just last week.
He hasn't changed his name or eluded authorities by any means so this all seems kinda strange to me.

Brian

 

[KyleS]

If I am not mistaken there is not a statute of limitations on a soldier going AWOL. How long ago was it?

I can't give you much advice, but how did he leave the army in a way that made it a criminal offense?

Cam from Brian's post I believe his friend was in the Navy not Army but that really doesnt matter. Leaving any Military post during the term you signed up for is cause for having an AWOL warranty sent out. They basically say that you signed up for X number of years and if you leave before that time you can get a dishonarable discharge and prison time because you left your post of defending the country. Brian, it would be best for his wife to speak to the JAG core since that is where he will most likely be tried. Laws will differ and Civillian attorney may not know the military laws he will be tried under.

KyleS

 

[Dheiner]

He could be in very big trouble:

Maximum punishment.

(1) Failing to go to, or going from, the appointed place of duty. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.

(2) Absence from unit, organization, or other place of duty.

(a) For not more than 3 days. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.

(b) For more than 3 days but not more than 30 days. Confinement for 6 months and forfeiture of two-thirds pay per month for 6months.

(c) For more than 30 days. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.

(d) For more than 30 days and terminated by apprehension. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 18 months.

 

[Brian Mansure]

Kyle,

I don't know for sure but the local police, whom picked him up and are currently "holding" him, said that there is a limitation to how long they can legally keep him without State or local charges filed. I'm assuming then there has to be some statute of limitations for this if the Navy never sends someone to pick him up.

Brian

 

[Dheiner]

You might want to point his wife here:
http://www.court-martial.com/contact_us.htm
I know nothing about these guys, except that they came up when I did a google on "Uniform Code of Military Justice".

 

[Danny R]

Desertion doesn't have a statute of limitations. Just because the Navy doesn't bother to prosecute doesn't mean your friend is free of the offense. They can take it up at any time.

 

[CharlesD]

I don't know for sure but the local police, whom picked him up and are currently "holding" him, said that there is a limitation to how long they can legally keep him without State or local charges filed. I'm assuming then there has to be some statute of limitations for this if the Navy never sends someone to pick him up.

I am not a lawyer, if you want real legal advice contact a real lawyer, the following is off the top of my head:

There is a limit to how long the police can hold someone without charging them with a crime. I do not know how long that period is, but its something like 24 or 48 hours I believe. Since this guy did not break a local law, they need the Military to come and get him and/or someone to charge him with a crime or put out a warrant for his arrest or they will have to release him after that time. If they release him it in no way absolves him from being AWOL.

The Statute of Limitations is something entirely different. It is a time limit after which someone can not be charged with a crime. It is usually a period of years. For example say the statute of limitations for theft is 5 years (I have no idea what the actual number is) they cannot come and charge you with stealing something 10 years ago, but they can charge you any time before the statute runs out.

 

[Todd Hochard]

From the UCMJ, Article 803-

(c) No person who has deserted from the armed forces may be relieved from amenability to the jurisdiction of this chapter by virtue of separation from any later period of service.

Your friend is in a lot of trouble. The difference between AWOL and Desertion is intent. Given that your friend likely never intended to return, that makes him a Deserter. Now, I'm guessing that it's in his best interest to say that he eventually intended to return. Obviously, his appointed military legal counsel will need to advise him on these matters.
Per the link to Article 86 (AWOL), I don't see where there is any time limit to how long the civilian authorities can hold him. He isn't subject to civilian law, so the rules there don't apply.
http://usmilitary.about.com/library/...o/mcm/bl86.htm
The full text of the UCMJ-
http://www.military-network.com/main_ucmj/main_ucmj.htm
Best of luck. He has certainly put his family in a difficult position.
Todd

 

[Alex Spindler]

Given my altogether terrible understanding of civilian law, I would say that he would likely be released from the local authorities, but the Navy would still be more than capable of pursuing him.

I think the reason that the military hasn't made an issue of it is that they rarely (based on some annecdotes I've heard) pursue peacetime deserters. They wait for them to get into legal trouble and then send soldiers to collect them for a courts martial. Because of that, having your friend go so long before capture makes some sense. Do you know if the local authorities arrested him for some other reason and then discovered his military infraction?

 

[Brian Mansure]

Thanks for the replies.

For the record, he's not expecting to "get off the hook" by a technicality, rather he would like to get his affairs in order with his roofing business and family before "going away" for days, weeks, months.
His wife can handle the books but he needs to make sure the jobs can be worked and money is still being made to support the business and his family.

Brian

 

[KyleS]

For the record, he's not expecting to "get off the hook" by a technicality, rather he would like to get his affairs in order with his roofing business and family before "going away" for days, weeks, months.

First you forgot the Years part.

Most likely unless he has a REALLY nice prosecutor, getting time to take care of personal affairs is not going to happen. Do you think that they give Criminals the chance to get their drug businesses in order or to take care of their family before going to court and Jail? Usually not and that is exactly what your friend should assume. If he needs to have things taken care of I hope his wife is on the ball and can take over or that he has a trusty partner for his roofing company.

KyleS

 

[ian_graven]

Yes they do infact give criminals time to straighten things before beging there sentences. Considering they are not deemd as a flight risk and have a reasonable excuse. Happens quite often.

Don't know how if bail preceeding exist in military court, but if they do, he can easily put off his jail time for quite a while. Sometimes up to a couple years if he has a slick lawyer.

 

[Brian Mansure]

He is currently still in a local prison awaiting transportation to Virginia to be court marshaled.

He doesn't need/want weeks, months, years to situate family and business, he's looking to use the time he is now "in limbo" awaiting to be transported by Navy personnel. Basically he is being held by the local authorities for a federal warrant but there are no local authorities charging him with anything. So unless the Navy comes a gets him by a certain amount of days he should be released until the Navy can escort him back to Virginia.
That's what his lawyer said and that's also what's in the UCMJ.

 

[Alex Spindler]

I'm really intrigued by the circumstances by which he was detained by the local authorities. Did the police show up on his door to serve the warrant or was he stopped by some other activity (such as speeding) where they inquired and found his outstanding warrant?

If I'm prying to far, feel free to tell me to stop. Its just rare to find a situtaion like this.

 

[Bill Cowmeadow]

The military no longer pursues members who go AWOL except for a cursory phone call or two to relatives and known close friends. Instead, they just file a warrant for the person and wait until he or she is picked up for something else by other authorities, as was the case of your friend. And the military is a patient bunch, they can wait a long time. They will however, investigate and relentlessly track down members who commit serious crimes prior to going AWOL.

 

[Alex Spindler]

This has some parallels with a recent ER episode where a character's relative goes AWOL and the miliary comes after she asks to get his medical records.

 

[Philip_G]

Now, I'm guessing that it's in his best interest to say that he eventually intended to return.

I think his best interest is to keep his mouth SHUT and let the lawyer do the talking
I don't know a damn thing about military law, but this thread is fascinating.

 

[Kirk Gunn]

I feel so sorry for his family. Did his wife know he was AWOL ? Talk about living your life always looking over your shoulder.