How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11988
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Military Desertion

Joining the US Army can be a rewarding experience for many if they are ready mentally and physically. However, many times people that join are not ready and often desert the military for various reasons. Military desertion is illegal and can impose many fines and punishment. This often leads to questions regarding what is a military deserter, what is the desertion statute of limitations, or what is the penalty for desertion. Below are a few questions that have been answered by the Experts.

Are Military desertion warrants lifted off of a FBI criminal record?

Many times it will depend on the background check and who is running the check. The NCIC (National Criminal Information Center) database will maintain a record of the warrant/arrest forever. NCIC is law enforcement, and this would also pertain to state agencies that have access to LE data. Therefore, a state agency could ask local law enforcement to process an NCIC check. However, a private corporation will not have access.

If someone was incarcerated on military hold in a county jail for desertion how long will it take to be transferred and tried in court?

In most situations, this could take up to a week, or possibly two weeks to be transferred and arraigned. Depending on where the person on trial is taken will determine the amount of time that it will take to transfer from county jail to Military court. Many times if the person was taken back to their own unit for trial, the process could last weeks and even months.

If someone is facing a desertion charges where would he/she need to find an attorney?

Most often than not, if someone is facing desertion charges, more than likely he/she will be facing a court martial. If the individual is dealing with a court martial, then they will be appointed to a military lawyer. Since desertion charges go through the military court process, people may not understand where legal counsel will come from.

After a voluntary surrender of military desertion, does legal counsel increase the likelihood of an administrative discharge in the army?

Not generally, however it is still possible that upon surrendering the individual will be taken back to their unit for action.

How would someone turn report a person if they are a military deserter?

If the person has been absent without leave (AWOL) for more than thirty days there is likely a warrant for his/her arrest. If you know his location, you can simply call local law enforcement and provide the information. Law enforcement will handle the rest.

In the U.S. military law, desertion is measured by leaving and remaining absent for extended periods of time without prior authorization. Military desertion has many legal implications and desertion laws differ per situation since the military abides by its own military law. If desertion questions are a primary focus for you or someone you know, you can ask the Experts to get insight to your toughest questions.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11988
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Desertion Questions

  • Hello, I received a special court martial and a bad conduct

    Hello,
    I received a special court martial and a bad conduct discharge from the USMC in 1979. I was in trouble several times for drunk on duty, dui, UA for 29 days and the last time desertion. That’s when I was giving the special court martial.
    Since then I have applied for a hand gun permit probably three times here in Indiana. I’m guessing at the years but I’m going to say 1992, 1996 and 2000. Each time when I applied at the County Sheriff I would get denied when they did a back ground check and I would have to go to talk to the Sheriff which every time they then OKed it. I got tired of messing with it every time it was due again so I just quit renewing it.
    Since then I decided to get a shotgun in 2013 from a store. When they did the background check it got denied. Was told the FBI would have to check into it more. After a few days they OKed the purchase but I decided not to get the shotgun. I then tried to but a mini 14 which is a semi automatic rifle. Again the background check was denied but after a few days the FBI OKed my purchase.
    Now I applied for a lifetime handgun permit in Indiana and got denied. The exact wording was :
    Your application has been denied because you are not a proper person to be licensed as set forth in Indiana Code 35-47-1 and the licensing rules which appear at 240 Indiana Administrative Code, Article 3. Specifically I.C.35-47-1-7, a proper person is one who: (7) does not make a false statement of material fact on the parson’s application.
    I tried to find out what they were talking about but never could talk to a real person. I had to appeal it. Now I have a date to meet with the Indiana State Police Firearms Section in Indianapolis.
    The only thing I can think of is a question that I think was asked somewhere about if I got a dishonorable discharge which I said no.( I got a bad conduct discharge) and a question was asked if I was charged with anything which I could have received a year in prison. I said no because when I received the Special Court Martial the max time was 6 months not a year so I’m thinking that they are looking at the court-martial and thinking I could have received a year out of it.
    I looked up IC 35-47-1-7 and it states:
    IC 35-47-1-7
    "Proper person"
    Sec. 7. "Proper person" means a person who:
    (1) does not have a conviction for resisting law enforcement under IC 35-44.1-3-1 within five (5) years before the person applies for a license or permit under this chapter;
    (2) does not have a conviction for a crime for which the person could have been sentenced for more than one (1) year;
    (3) does not have a conviction for a crime of domestic violence (as defined in IC 35-31.5-2-78), unless a court has restored the person's right to possess a firearm under IC 35-47-4-7;
    (4) is not prohibited by a court order from possessing a handgun.

    None of the above apply to my case.
    1. I have never had a conviction for resisting law enforcement
    2. I have no conviction for a crime for which I could have been sentenced for more than one (1) year.
    3. I have never been convicted for a domestic violence crime
    4. I have never been prohibited by a court order from possessing a handgun.

    Am I wrong appealing this? I don't want to take a vacation day and have a 5 hour round trip if I'm wasting my time.I don’t understand why they approved several handgun permits in the past plus the FBI OKed me for the semi automatic rifle just recently. I haven’t been in any trouble other than a speeding ticket for over 30 years. Been at the same job for 30 years and married 27 years. Having drank or smoked cigarettes since 1995 when I recievied the Lord in my life
    Thanks Dave
  • I was awol for a long time in the 60s I was picked up returned

    I was awol for a long time in the 60s I was picked up returned to the army I was senticed to levenworth for 1 year but returned to duty and stay till 1974 at that time was SSgt and was honable discharge also a Vietnam vet. now I live in texas that's almost 50 years no civilian record at all. applied for police academy they are checking my records with the fbi that is military they have my dd214 it is as I say here. now I wait for answer from texas commission on law enforcement. yes ok or no?
  • my sons girfriend has signed up for National guard, unfortunately

    my son's girfriend has signed up for National guard, unfortunately her family situation has changed and she doesn't feel it;s right to leave for basic and leave the care of the childrento others. She has attended drill but was told by her recruiter that if she didn't go, he would sear out a warrant for her arrest on felony desertion. what are her options, she is devastated that her situation has changed and doesn't want to go now.
< Last | Next >
View More Military Law Questions