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how do you find out why a military detainer was placed on someone

 
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  • Answered by:psimmons
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Customer Question

how do you find out why a military detainer was placed on someone arrested on a DWI (an Army reservist). Person cab't be bonded until court knows what this about. I'm trying to find out how I find out>

 

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State/Country relating to question: United States

Already Tried:
Called Liaisons in Virginia where this is occurring.

Submitted: 289 days and 15 hours ago.
Category: Military Law
Value: $45
Status: CLOSED
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Expert:  psimmons replied 289 days and 14 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

What do you mean "military detainer"? What is going on exactly?

Customer replied 289 days and 14 hours ago.

My brother is being held in Fairfax County Detention Center for DUI, they won't allow for a bond to release him because their is a military detainer (hold him). How dso I find out who placed this on him and why?

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Expert:  psimmons replied 289 days and 14 hours ago.

Ahh


I see. I suspect your brother is AWOL. In fact, I am sure of it. The fact he is in jail alone makes him AWOL.

The Army unit who "owns" him will come and retrieve him soon enough..they have a limited amount of time to retrieve him and bring him back under Army control. At that point they will provide him with a lawyer and take steps to prosecute him for AWOL and any other pending charges.

This is separate from the DUI...he will need to work through this with the civilian court, but in most cases the civilians are willing to delay the case while a service member is being prosecuted by the Army.

If you call his unit (his reserve battalion) they may discuss this with you...they are likely the ones who placed the hold on him

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.9 %
Accepts: 10180
Answered: 6/27/2012

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

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