Legal Question in Military Law in Kansas

i need answers about courtmarshals

my son went awol about two months ago, they chaptered him out and he just started outprocessing today, now they say they're thinking of courtmarshaling him and the papers might be in next week, he'll be out processed in 5 to 10 days, can they do that or are they justing threatening him? please answer soon.

Asked on 7/13/00, 4:10 pm

2 Answers from Attorneys

David Forrester Forrester & Associates

Re: i need answers about courtmarshals

Yes they can court-martial him for a violation of Article 86 of the Uniform Code of Military Justice

(AWOL). As a general rule the Convening Authority (usually the Commanding General) does not court-martial someone for AWOL only, and they are usually just chaptered out (AR 635-200,

probably Chapter 14, if he is in the Army). It would seem to me that your son is suspected of

committing other violations of the Code, and that would be why they are intending to prosecute him.

You need to ask him to tell you everything.

While he is in fact entitled to free military defense counsel, after 16 years of Judge Advocate service, I must tell you that is what new military counsel are assigned to, and they usually have crushing work loads. If your son is charged with a serious offense, then you should consider retaining a civilian defense counsel to work with the military counsel. This is your son�s right and the government can not prevent it. You should be able to find a reserve Judge Advocate who is in civilian practice in the local area through your State Bar referral service.

If we can be of assistance, please contact us at Forrester & Associates, 256-435-1007.

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Answered on 9/09/00, 9:01 am
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: i need answers about courtmarshals

Yes, indeed, they can courtmarshall him, and in fact they usually do in AWOL cases unless there are extenuating circumstances.

Advise your son to get a JAG lawyer ASAP!

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Answered on 9/08/00, 6:54 pm

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