I know a girl who is AWOL and she thinks that she will only get like 3 weeks jail time. She's been AWOL for more than 30 days... how long will she get?
2006-09-25 09:27:59 · 22 answers · asked by Anonymous in Politics & Government ➔ Military
I am not intersted in any of the dumb bush polictics..whatever, i just want to know how much time. If you don't know what AWOL is why would you answer? Please no STUPID anwers, not in the mood. I dont want advice to give her. I'm not stupid. all i want to know is HOW MUCH JAIL TIME!
2006-09-25 09:37:30 · update #1
After the 31st day it becomes desertion which is far more serious.
Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.
That is directly from Article 85 of the UCMJ.
She would be better off turning herself in and would probably get an other than honorable discharge. If the MPs/SPs/SF have to come get her she will be much worse off.
PS. Desertion is a felony so your friend now has a criminal record.
2006-09-25 09:50:33 · answer #1 · answered by Jeff F 4 · 3⤊ 0⤋
She needs to turn herself in before the police catch her. That would demonstrate to her commander that she wasn't attempting to desert. That would go a long way toward mitigating what she has done.
Since she's been AWOL for more than 30 days, she is classified as a deserter, will be dropped from the rolls of the military, and a warrant for her arrest will be issued. Anytime she applies for a driver's license, gets stopped for a minor traffic violation, etc., will result in her immediate arrest, and return to military control.
At that point, she may face a minor administrative punishment under Article 15, UCMJ, but it is also possible that she could face a courts martial. She could end up with a prison term of one year to eighteen months, and a dishonorable discharge.
What she needs to do is speak with a military defense attorney from the Trial Defense Service, or whatever name it goes by in the respective service.
2006-09-25 09:45:41 · answer #2 · answered by Anonymous · 4⤊ 1⤋
Here's a piece that hasn't been covered. The collection and absentee unit will issue a federal warrant for her arrest about a week after the 30 day mark. This warrant will go into the NCIC system and the next person that stops her will be arresting her for a felony warrant. So, she goes to the local jail for about a week as the local police notify the absentee collection unit. Then they send out someone to pick her up from the local jail and escort her back to the brig at her last command. Then she will probably sit in the brig until they convene a court martial. If your friend turns herself in before being picked up, she will not be locked up in the brig. She may be placed into a restricted barracks until a decision is made on what to do, but it sure isn't the brig and that's worst case scenario. Help your friend out!!
2006-09-25 09:52:55 · answer #3 · answered by spag 4 · 3⤊ 1⤋
It really depends on the situation and on the person who will give her the article 15 what ever they decide what is right in her situation ---there is not a set amount of time.
it could be anywhere from jail time over reduction of pay extra duty a combination of 2 or all of those things.
Again there is not a set amount of time----!!!
2006-09-27 03:56:13 · answer #4 · answered by Sunshine 4 · 0⤊ 0⤋
Don't know, but tell her to pull a George W. Bush defense. He was AWOL during the VietNam War and got elected president in 2004. All she has to do is say she was out campaigning for a political candidate. Worked for Bush.
2006-09-25 09:32:28 · answer #5 · answered by Anonymous · 1⤊ 3⤋
that will truly depend on whether she turns herself in, whether she gets caught, where she deserted from and what were her reasons. if she gets pulled over over for running a stop sign, for instance, her name will pop up and she will be arrested immediately.. then to languish in a civilian jail until the military police decide to come get her. then she gets to languish in the brig until her case is reviewed. If she is to be courtmartialed, she could be forced to stay in the brig until that was completetd.. and that can take MONTHS.
If they decide to not press the issue and just summarily issue her an Article 15, she will probably be confined for anywhere from 30-90 days, be reduced in rank, fined a half month's pay for howevere long the Brass decidesand issued a Bad Conduct Discharge.. which means her chances at aany kind of Stae or Federal work just went up in smoke., she also will forfeit any GI bill or VA bennies she had earned and her chances at getting a Federal loan are reduced.
2006-09-25 09:53:05 · answer #6 · answered by Mrsjvb 7 · 2⤊ 2⤋
it all depends on what time she went AWOL [which is absent without leave for the person that asked] IF it was just prior to her unit deploying then they would frown on it much more than at any time, BUT to be honest the quicker she hands her self back in WITH her lawyer present [if she can afford one] the better it will go for her...regardless of which she is looking at jail time I would have thought..........at the very least a dishonorable discharge which will haunt her for the rest of her working life, remember everything IS linked via you ssn............so unless she wishes to hide then try to support her the best you can but URGE her to turn her self in...when they find you it will be much worse for her.
2006-09-25 09:44:42 · answer #7 · answered by candy g 7 · 2⤊ 1⤋
It depends on the officer heading the court martial. Considering that they went AWOL during a time of war and the maximum punishment used to be death I would tell them to be ready for passably a long sentence.
2006-09-25 09:33:15 · answer #8 · answered by HokieFan 1 · 1⤊ 2⤋
go to wikipedia and type awol and see what it says. 30 may not be much but may be kicked out instead. see if she can get a good lawyer to help her.
2006-09-25 09:31:57 · answer #9 · answered by ? 6 · 3⤊ 1⤋
it all depends....
i know people that went awol and they got 45 days extra duty and no pay due and a reduction of rank..it depends on who's in charge of you...
2006-09-25 09:35:42 · answer #10 · answered by Anonymous · 2⤊ 1⤋