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My son was in basic training for Army National Guard.

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My son was in...

My son was in basic training for Army National Guard. (Mississippi) He was allowed to come home for 2 weeks for Christmas (holiday block leave) He decided not to return to Basic training. He was arrested under a warrant last Sunday (3/25/18) When he was booked in he was told that they can only hold him for 14 days and if a US Marshall didn't come pick him up within the 14 days they would let him go. he is in the felony unit with murders but hasn't been charged with anything. What can we (his family) do to get him out or at least speed up the process? Also, does this sound correct?

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No, we haven't talked to anyone yet. His 14th day will be Monday 4/9/18. If he isn't released by then who should I contact? Can a lawyer do anything?

Submitted: 3 months ago.Category: Military Law
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Answered in 18 minutes by:
4/3/2018
Military Lawyer: Allen M., Esq., Lawyer replied 3 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,574
Experience: Lawyer and current JAG officer.
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Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

(The system will automatically generate a phone call request to you which is NOT from me. I will not accept a phone call request and will work through the chat system.)

Unfortunately, nothing. He is under arrest based on suspicion of being absent without leave (AWOL), a violation of the Uniform Code of Military Justice. While I won't say that it is a good situation, it is all legally correct. As a prosecutor, I have issued warrants many times and civilian authorities act on them.

He has technically been charged by the military, because that is what it requires to issue the warrant, so it is not accurate that he has not been charged with anything. The charge for his level of AWOL at this time is similar to a felony, so while I can understand not wanting him in the same location and other felons, it is legally appropriate.

If he is not released by the time frame in question, his assigned attorney will have him released based on federal and state law. They are only going to hold him for that length of time unless, and until, the military sends sometime to "extradite" him to military custody. This is not a fast process, which is why it can take some time to accomplish (and why the state will hold him for up to 14 days).

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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