Legal Question in Military Law in California
desertion charge
My fiance was arrested last week after asking for help. The police said there was a federal warrant for him and has been in jail for over a week. He was told the military would come get him in 10 days. what happens if they dont get him in 10 days? What happens if they do?
1 Answer from Attorneys
Re: desertion charge
He will be taken back to the command that he went AWOL from. There will be a decision about whether to charge desertion or not. If they charge desertion, then there will be a general court martial, followed by sentencing if there is a conviction.
The quality of the help that you obtain for him now is vital. Although any JAG lawyer would do a competent job, sometimes a civilian attorney can negotiate a better deal. Sometimes -- not always. If he has confidence in his JAG attorney, then he should stay with that attorney.
The military will come and get him within 10 days. If they don't they will keep a retainer on him and he won't get out of custody. At this point, the only way this gets taken care of is through the military.
Good luck.
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