Having an Experienced Civilian Military Law Attorney On Your Side when facing Desertion Charges Is Very Important.
You've come to the right place. If you are an active-duty military personnel, military reservists, or former military personnel with “veteran” status, a military law lawyer can help with your legal matters.
If you are an active-duty military personnel, military reservists, or former military personnel with “veteran” status, a military law lawyer can help with your legal matters. Use FindLaw to hire a local military law attorney to help you with matters like court-martial proceedings under the Uniform Code...
Without an experienced military attorney, you are entrusting the resolution of your case entirely to the same military from which you went AWOL. Whatever your status, UA (unauthorized absence), AWOL, or Deserter, Mr. Karns can help you resolve your case with the military.
Desertion is the abandonment of a military duty or post without permission (a pass, liberty or leave) and is done with the intention of not returning.
Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
Judge Advocate General's CorpsJudge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of a military concerned with military justice and military law. A military lawyer's job is similar to a civilian lawyer in their day-to-day duties.
The key difference between them is that AWOL/UA is a misdemeanor, while desertion is a felony that assumes the missing soldier abandoned the service with the intent never to return.
Desertion carries a maximum punishment of dishonorable discharge, forfeiture of all pay, and confinement of five years. For desertion during a time of war, however, the death penalty may be applied (at the discretion of the court-martial).
There are three types of Unauthorized Absences – Simply stated, Desertion exists when a servicemember is in an unauthorized absence status from their unit and chooses to remain away permanently, to avoid hazardous duty, or to shirk important service.
Judge advocates are commissioned officers in one of the U.S. Armed Forces that serve as legal advisors to the command in which they are assigned. Their functions include providing legal advice and assistance in a wide variety of practice areas, as well as serving as prosecutors and defense counsel in courts-martial.
Coast Guard lawyers start at the highest rank, O-3. Marine, Air Force and Navy military lawyers start at the rank of O-2, and Army lawyers start at the rank of O-1.
Judge Advocate General's Corps (JAG) As a member of the Navy Judge Advocate General (JAG) Corps, you'll experience the most diverse legal practice available to an attorney.
1. A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation.
Who to ContactArmy: (502) 626-3711/ 3712/3713.Navy: (847) 688-2106 (or toll free: 1-800-423-7633)Marine Corps: (703) 614-3248/3376.Air Force: (210) 566-3752 (or toll free: 1-800-531-5501)Coast Guard: 1-800-986-9678 ext. 3-6600.
If they're absent from their place of duty for over three days but less than 30, they can be confined for six months, reduced to the lowest enlisted grade, and lose two thirds of their pay for up to six months. The punishments for desertion are more severe.
Military lawyers represent uniformed service members who are down range and dealing with the unique aspects of military law. These lawyers are generally Judge Advocate General (JAG) officers and work within the UCMJ.
Unfortunately, many veterans and uniformed service members face employment discrimination because they have chosen to serve, protect, and guard the United States. However, USERRA specifically provides for uniformed service members who choose to hold civilian jobs.
As with most specialized occupations, every lawyer practices a specific type of law. If you’re dealing with employment discrimination, you’ll want an employment lawyer on your case, not a corporate lawyer or a work injury lawyer. The same is true for representing uniformed service members.
When a veteran or uniformed service member is qualified in every way for a position and he or she is not hired due to uniformed service, this potential employer can be sued. Employers cannot hire or fire based on your status in the United States uniformed services. It is unlawful.
Coombs’ decision to represent only Army soldiers is influenced by his belief that every branch of service is different, and that you need not only the best military lawyer, but also the best Army lawyer on your side who truly understands your particular branch of service.
David E. Coombs is an Army only military lawyer. His firm was established to provide the best military defense possible for Army soldiers. The firm is the only one in the country to specialize in Army defense. Mr. Coombs’ decision to represent only Army soldiers is influenced by his belief that every branch of service is different, and that you need not only the best military lawyer, but also the best Army lawyer on your side who truly understands your particular branch of service.
Legal assistance attorneys can provide you legal advice and assistance in a number of legal areas, including: 1 Drafting wills 2 Drafting powers of attorney 3 Drafting advanced medical directives (living wills) 4 Reviewing contracts and leases 5 Notary services 6 Estate planning advice 7 Advice on family law matters, including custody 8 Tax assistance 9 Advice on credit and lending issues 10 Information on immigration and naturalization 11 Advice on the Service Members Civil Relief Act (SCRA) 12 Advice on the Uniform Employment and Reemployment Rights Act 13 Advice on landlord-tenant disputes 14 Advice on minor traffic tickets 15 Help in preparing for small-claims court
Legal assistance attorneys can provide you legal advice and assistance in a number of legal areas, including: Drafting wills. Drafting powers of attorney. Drafting advanced medical directives (living wills) Reviewing contracts and leases. Notary services. Estate planning advice.
For example, a Marine can obtain legal assistance from an Army JAG, just as a soldier can receive legal assistance from a Marine JAG.
Yes. You are eligible for the same services provided to active personnel—subject to the availability of legal assistance attorneys. Active duty personnel, particularly those in the junior enlisted ranks and those preparing for deployment, have first priority.
Yes. There are also legal areas in which a military legal assistance attorney may NOT be able to help you, including: claims against the government; military Administrative issues such as fitness report rebuttals or Article 138 Complaints (This varies somewhat by branch.); legal matters concerning your privately owned business.
For example, the military lawyer typically will not represent you in court. If you are in need of more help than the military legal assistance lawyer can provide you, he or she may be able to connect you to a non-military lawyer who can represent you pro bono (free) or for a fee.
Help in preparing for small-claims court. Keep in mind, as mentioned above, that the military legal assistance attorney may be limited in how much he or she can do to help you with a legal problem, and the lawyer may need to refer you to a civilian attorney for you to fully resolve your problem.
If you cannot afford a lawyer, the judge handling the case will either appoint a private lawyer to represent you free of charge or the government's public defender will handle your case, also at no charge.
The vast majority of courts-martial are resolved by plea agreements , and are rarely fully litigated. If you need someone to represent you in a fully contested military proceeding (such as a court-martial), look for civilian attorneys who have that sort of experience.
Military legal assistance cannot represent you in criminal proceedings. If you have a non-military criminal case (for example, a DUI or a domestic violence charge), you should seek help from the local public defender or the local bar.
In the armed forces, desertion describes the crime of abandoning the military with the intent to permanently leaved the armed forces. It also applies to someone who deserts in an attempt to evade a critical service or avoid a high-risk duty. The intent of the accused isn't just a detail; it is the basis of the crime.
If a member of the armed forces is found guilty of desertion in a court-martial, the maximum possible punishment depends on the person's actions and surrounding circumstances: Desertion that ends voluntarily: dishonorable discharge, forfeiture of all pay and allowances, reduction to the lowest enlisted grade, and confinement for two years.
Although desertion is often easy to prove, other factors may be taken into account. For example, if a soldier is suffering from post-traumatic stress disorder (PTSD) or another mental health issue, the matter will likely be considered in court.
Military law is all legal structures that govern military personnel. Topics covered by military cover service members' conduct while in training or on active duty, protections of military spouses, and service members' reentry into civil society when their tours of duty are over.
Most of the lawyers that practice law stemming from the UCMJ are part of the Judge Advocate General's (JAG) Corps. Each branch of the military has its own JAG corps. Members of the JAG corps represent the military in many different capacities, including individual representation before courts-martial and representing the military in general in civilian courts.