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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33069
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Was just bailed out of jail Trespassing, Prowling and

Customer Question

Was just bailed out of jail for Criminal Trespassing, Prowling and Entering and Auto in Atlanta, GA. The entering auto was dismissed and I have court 5/2/16 for the other charges. I am stationed at Fort Rucker for flight school and they want to GOMAR me and send me home. I was AWOL for the week because I was stuck in jail and I did not have a pass to Atlanta. How can I fight this?
JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Is there anything else the Military Lawyer should be aware of?
Customer: I was in Atlanta, GA for the day to see a concert and had a few drinks after. When I was walking to the hotel I got lost and my cell phone was dead so I tried to use a park as a short cut. I was stopped by the police because the park was closed and I was wondering in and out of venue tents. I never intended to do anything wrong.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Military Law
Expert:  P. Simmons replied 7 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Sorry...not sure i understand the question. Are you asking if your being in jail is a defense to a military charge of AWOL?

Customer: replied 7 months ago.
since I was not willingly missing from duty. Also what are reasons they can GOMAR me in this case?
Expert:  P. Simmons replied 7 months ago.

Thank you

IF you were AWOL (absent without leave) because you were in jail? That is the definition of AWOL.

In other words, if you did not show up to duty and you did not have authority from your command to be absent? That is a violation of Art 86, UCMJ. THe fact you were in jail is not a defense...they can prosecute you under the UCMJ if you did not show up to duty because you were in jail.

And yes...they could issue a GOMOR. Or take you to Art*****martial for this

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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