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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.
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