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AWOL & Desertion

Those who don the uniform and swear an oath to defend the Constitution give up many liberties that they previously enjoyed as private citizens.  Of those surrendered liberties is the freedom of movement.  Unlike their civilian counterparts, service members movements are restricted to certain geographical limitations to a post or limitations on what establishments a service member may visit or the duration of time a service member may be away from his or her unit or station.

If a service member is absent from their unit without a permission, the service member is absent without leave (AWOL) or in an unauthorized absence (UA) status or if the service member evidences the intent to remain away permanently a service member may be declared a deserter.  This deserter status occurs when a service member is AWOL for a period in excess of thirty days or more at that point, the military will often issue a federal deserter warrant for your arrest which is entered into the National Crime Information Center (NCIC) database and made available to law enforcement nationwide. 

Thereafter, a service member may be stopped and detained on a deserter warrant as a result of a traffic stop, at an immigration check point or by local authorities who learn of your status and location.  Once detained, you will remain on a federal detainer locally often segregated from the general population until your unit comes to apprehend you and return you to military control either to face what may be either a court-martial or an administrative separation.

Contact Matthew Jubelt so that he may review the details of your case and pursue a strategy to advocate on your behalf and present the unique details of your case to achieve the best possible outcome.  These circumstances may include medical or psychological conditions; matters of family, support or hardship; maltreatment, abuse or hazing in a unit.  Each case is different and requires an experienced military lawyer like Matthew Jubelt to advocate on your behalf.  Contact our firm today to secure your future. 

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