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Re: Desertion
Ms. Weaver,
Thank you for contacting our firm with your question. Your fiancee
will be charged with the offense of unauthorized absence (UA) and will
be facing a special court-martial. UA in his case will probably be
treated as a misdemeanor offense, not a felony. He will be assigned a
Navy JAG attorney to represent him. His JAG may submit a request for
separation in lieu of trial, which would result in an administrative
discharge rather than a court-martial conviction. If the Navy
disapproves the request and he goes to court-martial, he may receive a
sentence of confinement of anywhere from 3 to 6 months, depending on
whether he has a plea bargain. He will be credited with any time he's
already spent in the brig. It will be subtracted from his sentence to
confinement on a day-for-day basis.
Please feel free to contact us again if your fiance is considering
retaining an experienced civilian law firm like our to represent him.
You can learn more about our firm at www.puckettfaraj.com
Thank you again for your question. We hope our answer helped you.
Sincerely,
Neal A. Puckett, Esq.
LtCol, USMC, (Ret)
Attorney and Counselor at Law
Puckett and Faraj, PC
Quoting Amber Weaver <amberandcody1506@yahoo.com>:
I have a few quick questions on what i can do about my fiances
case. He is considered a deserter from the navy, he went awol when
he was in schooling as they said, he said he signed the papers and
he was discharged from a fractured toe and hes now in the brig, he
was "Awol " as they said for 9 months before he was caught at a
sequrity check. How long do you think he might face if he is a
deserter, will they be easier on him since he was in school.