Legal Question in Military Law in Ohio

Desertion warrant after 4 years out

Today I learned my brother had been arrested by local police on a desertion warrant. He was issued discharge papers in 2004 after breaking his foot during his basic training and being sent home. He's been picked up for a few other various things over the years and this has never come up.

I have a few questions regarding this.

1 - He said he was not read his rights nor notified of the charges by the local police when he was picked up. Is he not still allowed rights if he's classified as a deserter?

2 - Why did this warrant not come up before when he had been picked up for other offenses?

3 - Who should he contact in regards to sorting this issue out?

4 - Have there been similar cases to this, and if so, what have their outcomes been?

Thank you!

Asked on 2/19/08, 8:50 pm

1 Answer from Attorneys

Philip D. Cave Military Law & Justice

Re: Desertion warrant after 4 years out

1. This happens from time to time.

2. He will be held untel the Army comes to pick him up; usually a few days to a week.

3. Yes, he has basic Miranda rights.


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Answered on 2/19/08, 11:58 pm

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