Help! Army wife needs advice! Please only answer if you are military or former military!!?

Question

Ok, my husband is being deployed although he is still at his mobilization station currently. His MOS is a 91 whiskey(medic) and he was told they were going to do a background check on him to get him some security clearance. I just found out yesterday that there was a warrant issued for his arrest last week because he failed to appear in court (he couldn't have gone to court anyway, he has been gone for 3 weeks!) and our attorney knew nothing about this and is supposed to be checking into it. My question is...if the Army finds this warrant (that my husband knows nothing about, I didnt want him to worry...) will they send him home to pay the consequences??

Answer 1

The army will find the warrant so don't say "if." YOU NEED TO TELL HIM ABOUT IT.

Get the attorney involved and get your husband involved. He will want to have a talk with the JAG officer and get it straightened out. If your attorney didn't know about it, there is a way around it. Your attorney (and maybe the JAG officer) will probably have to have a talk with the judge that issued it and explain the circumstances.

The Army will be helpful since they are deploying him as long as he looks for the help. If he doesn't, they will be much less than helpful. They won't be happy if they have to bring him back for the warrant and then they may take action themselves.

Answer 2

YOU Did not specify what the warrant was about -- but yes, the Military will ask questions about the warrant, they will hear about it, and want that cleaned up, and it WILL Affect his duty right now -- and possibly his career (if serious enough)

-- I hope that your husband's attorney will be following up on this ASAP -- and if it is for things like Child Support payment issues -- then that can be a different thing than other issues.

By the way, he SHOULD have taken care of everything WHEN HE GOT HIS ORDERS -- and should have contacted his attorney to take the actions necessary to clear up the problems.

I would think that he should also be concerned at this time -- because he could be subject to action under the UCMJ or Non-Judicial Punishment for leaving his legal obligations like this -- so he needs to SPEND THE TIME he has right now clearing up this issue.

Answer 3

I don't know how it work in the Army, but we went through this all the time in the Navy when we return from West-Pac. They would always tell us before we left to take care of any legal matters (speeding tickets, parking tickets, etc.) before we left. But, there were always some that didn't, and when we returned after 6 months, they were the first ones allowed to leave the ship. They were escorted by U.S. Marshals, though, and turned over to the local police.

Will they bring him back to pay the consequences? That will depend on what he was suppose to go to court for in the first place. I had a bench warrant issued for me once on base for a parking ticket. They didn't try to track me down, but they had it on record. I found out when I went to take care of another parking ticket I received (parking was real bad on base, and there were several times I had to park illegally so I could make morning muster on time).

Answer 4

well the security clearance wont fly..
and depending on what the warrant is for he may or may not be sent home.
if it's like a traffic ticket then no...
anything much more serious yes...
the why of that is if he were to walk around off base and the local cops pick him up they can hold him and the Army don't like that one little bit!
of course when you take into account the current need for boots on the ground they may just get him out of the country ASAP...
and just turn him over to the court once he gets back...

Answer 5

If he becomes aware of the warrant then he should just contact his command and the military should address the situation and do what needs to be done. Not knowing what the warrant is for I cannot tell you much more than that. If it's something minor than I would think that the military would supress the warrant and have it cleared.
If he follows his chain of command properly - he shouldn't have any problems.

Answer 6

I was actually looking at some stuff today and found this:

The Servicemembers Civil Relief Act protects servicemembers from certain judicial proceedings until they return from military service, deployment or overseas tours of duty.

There is more on this site, particularly under Servicemember's Civil Relief Act - Civil Judicial Proceedings

http://www.military.com/ResourcesAlmanac/ResourcesKeyIndex/0,14015,47--0,00.html

For more info, just type it in Google.

As for the security clearance, it shouldn't be a big of a deal if you tell them. Good Luck!

Answer 7

Totally depends on the nature of the warrant, it sounds like contempt of court, but the original reason he had to go to court will determine whether he is sent home.

Answer 8

He should approach the judge who is going to try the case and tell him the circumstances. Stand up and be a man about it through and through. You failed to mention what the warrant was on I noticed. So to answer your question without all the details I would have to say, he might or might not have to go to jail.

Answer 9

He may be sent home to answer the warrant and possibly face Article 15 UCMJ

Answer 10

Your husband just needs to inform his security Officer of the infraction and then work to resolve it quickly. It will not have an impact as long as he nips it in the but and it is not a surprise to the investigation. If they are expecting it, then it will go smoothe..

Good luck!