Legal Question in Military Law in Missouri

Requirements to prove charge of desertion

My son left his base to come to assist in getting his critically ill father to start dialysis. He did not have authorized leave. We made arrangements to return to his base once his father was better. He was picked up after we had planned and arranged our trip, about a week before we were to leave to go back. He is being charged with desertion. He was picked up 60 days after leaving his post. How can we defend him against the charge?


Asked on 11/01/02, 8:32 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Requirements to prove charge of desertion

Your son has a real and severe problem. If a soldier is gone from his post for more than 30 days, desertion is presumed. The presumption is rebuttable, meaning that you can show certain circumstances to show that he was planning on returning, but the fact is that he could be charged with desertion and the courts martial could impose a penalty for desertion.

You should communicate with your son's JAG lawyer to see if you can testify on his behalf. Other than that, there is probably not much you can do to help him.

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Answered on 11/02/02, 9:55 pm


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