How Do I Resolve an AWOL Case?

Are you accused of going AWOL? The consequences can be significant if you do not have legal representation to assist you to defend against the accusation. Both AWOL and desertion are serious crimes, and under the UCMJ, the penalties imposed can be significant, particularly if an officer is accused of deserting a post.

If you, as a member of the Armed Forces, fail to go your appointed place of duty at the prescribed time, or leave without authorization from that place, or if you remain absent, you can be punished as directed by court martial if you are found guilty.

There are many reasons why a soldier could be absent from post beyond the desire to avoid duty or danger. The critical point is to ensure you have legal representation that is fully prepared to defend you in the court martial. Although you have the right to have an attorney assigned to you, it is advised that you enlist the services of a highly qualified military defense lawyer. A court appointed attorney is often fairly new to the system, and may not have yet developed the skills in defending against charges in military court that are necessary to achieve any level of success.

Under Article 85 of the UCMJ, if you remain absent from your organization, unit, or place of duty with the intent to never return, or for the purpose of shirking duty or avoiding hazardous duties, the crime is desertion. Under this Article, the death penalty could be imposed, although it is unlikely.

Contact McCormack & McCormack for defense counsel that has a high degree of experience in military court, and in defending against charges of AWOL.

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