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Questions about Military Desertion Answered

Joining the US Army can be a rewarding experience for many if they are mentally and physically ready. However, many times people that join are not ready and often desert the military for different reasons. Military desertion is illegal and can impose many fines and punishment. This often leads to questions like 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

How can a military deserter be reported?

If one knows the location of the military deserter, one can call the local law enforcement and provide the information. If the deserter has been absent without leave (AWOL) for more than 30 days, there is likely a warrant for his/her arrest.

Where can a person facing a desertion charge find an attorney?

If a person is facing a desertion charge, he/she will most likely be facing a court martial. In such a situation, the individual will be appointed a military lawyer. People will not understand where legal counsel will come from since desertion charges go through the military court process.

How long does it take to be transferred and tried in court if someone is incarcerated on military hold in a county jail for desertion??

Being transferred and tried can take up to a week or possible two weeks. The place where the person on trial is taken to will determine the amount of time that will go into the transfer from county jail to military court. If the person is taken back to his/her own unit for trial, the process can last weeks or even months.

Will the likelihood of an administrative discharge in the army increase in case of a voluntary surrender of military desertion?

The likelihood of an administrative discharge from the army will not increase in case of a voluntary surrender of desertion. However, it is still possible that upon surrendering, the individual will be taken back to their unit for action.

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

This depends on the background check and who is running the check most of the times. 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. Hence, a state agency could ask the local law enforcement to process an NCIC check. However, a private corporation will not have access to this.

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 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.

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