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My son was in basic training for Army National Guard.

Customer Question
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: 1 month ago.Category: Military Law
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Answered in 18 minutes by:
4/3/2018
Military Lawyer: Allen M., Esq., Lawyer replied 1 month ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,379
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).

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Experience: Lawyer and current JAG officer.

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