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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26344
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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what happens if you are awol from the marines and turn yourself

Resolved Question:

what happens if you are awol from the marines and turn yourself in two and half years later?
Submitted: 4 years ago.
Category: Military Law
Expert:  P. Simmons replied 4 years ago.
thanks for the chance to assist

Is your goal to stay out or to go back in?
Customer: replied 4 years ago.

he would like to stay in but, he has been gone for almost two years.

Expert:  P. Simmons replied 4 years ago.
Yes, it will be tough to stay in...but if that is what he wants he would at least have a shot.

Most likely if he turns himself in he would go to a court martial...and if he requests to stay in he MAY be able to stay in.

If he waits till he is arrested, he will go to the same court martial but will have no chance to stay in.

So, best bet is to turn himself in asap

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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Customer: replied 4 years ago.
He has been to iraq... does that make anything better on him? He has already turned himself in. he is waiting to see what happens.
Expert:  P. Simmons replied 4 years ago.
Yes..that will. THat is his deployment to Iraq will help his case.

Customer: replied 4 years ago.
Will he get paid for the time he is waiting there? What is the worst that can happen in a court martial?
Expert:  P. Simmons replied 4 years ago.
Yes, he rates pay while waiting.

Maximum is 1 year in jail...but typically its only 2-3 months

Customer: replied 4 years ago.

He would get paid even though his time was up last year? Do people who are awol and turn themselves in usually get jail time?

Expert:  P. Simmons replied 4 years ago.
Ahhh..no, if he is past his contract AND in jail, no. But if past his contract and not in jail, yes

And yes, Marines typically give jail time

Customer: replied 4 years ago.
are there any ways to avoid going to jail?
Expert:  P. Simmons replied 4 years ago.
He should work with his defense counsel who can best advise. It may be possible to get a plea agreement that allows this but his defense counsel will need to work on this

Customer: replied 4 years ago.
Is he going to be given defense council. Because right now he is sitting there doing nothing. who would he ask, to stay in?
Expert:  P. Simmons replied 4 years ago.
Yes. The Marines will give him a lawyer once they charge him

Customer: replied 4 years ago.
why are they sending him to ad sep platoon?
Expert:  P. Simmons replied 4 years ago.
It may be they will separate him administratively...but if that happens he also will rate an attorney

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26344
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you

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