UA/AWOL Status

Understanding Your Rights

Military Law Center Logo

UA/AWOL/Desertion Status

If you are facing UA or AWOL charges, it is imperative that you have an experienced AWOL Lawyer to defend you and determine if there are any defenses to your UA or AWOL charges, what mitigating circumstances may apply to your case, when your UA or AWOL status was terminated, whether your UA or AWOL status was voluntarily or involuntarily terminated, that you are not charged with one day more than the time you were actually absent from the command, and that you get the appropriate credit for time served in pretrial.

Whatever your status, UA (Unauthorized Absence), AWOL, or Deserter, an experienced Civilian Military Defense is a great asset to help you terminate your UA or AWOL status and resolve your case with your command or unit.

When facing an unfavorable NJP outcome, servicemembers possess the right to appeal.

Servicemembers go UA or AWOL due to personal problems they are experiencing. Often times this may include personal or medical problems with family members back home. No matter the reason for leaving the command without authorization, the command will report the servicemember’s UA or AWOL status into a national data base. Therefore, if a servicemember in a UA or AWOL status is pulled over for the most minor traffic violation he/she may be immediately arrested and jailed by civilian authorities until the servicemember is picked up by the military. Once picked up by the military the servicemember will probably be placed in the brig on base until your UA or AWOL charges are resolved.

Private Legal Assistance for Unauthorized Absence, AWOL, and Desertion: AWOL Cases Benefit Greatly by Having a Private Military Attorney

  • Unauthorized Absence (UA)Absent Without Leave (AWOL) and Desertion (AWOL for 30 days or more) are some of the most common military crimes in the U.S. Armed Forces.
  • Unauthorized AbsenceAWOL and Desertion charges can be tricky to defend. Therefore, it is important that you are represented by an experienced civilian military law attorney who understands the law and has experience defending these offenses.
  • Unauthorized Absence (UA)Absent Without Leave (AWOL), or Desertion. If a Servicemember is AWOL from the military, he or she usually is aware of their status, that he or she has committed a criminal offense, and that he or she is now subject to arrest and Court Martial. Since a servicemember is not entitled to a detailed military lawyer until after he or she has been returned to the military currently pending a court martial, it is important that you get an experienced, competent Civilian Military Attorney to help you resolve the matter without further delay and in the best possible manner. Without your own Military Attorney, you may be aggravating your criminal case and possible court martial.

You need an Experienced Civilian Military Defense Attorney on Your Side

Gary S. Barthel, is a Civilian Military Attorney who can represent you whether you are in military custody or not. If you are currently AWOL and anxious to resolve your dilemma before you are tracked down and apprehended; if you are getting close to the more severe “deserter status,” or just want to clean up the current mess you find yourself in, you can have Mr. Barthel assist you in planning your orderly return. Depending on your circumstances, you may be able to avoid a court-martial conviction, additional confinement time and a punitive discharge which could carry negative implications for the remainder of your life. Mr. Barthel may be able to negotiate your retention in the military or seek an administrative discharge on your behalf so that the temporary problems that led to your UA status does not have negative implications for the rest of your life.

AWOL Lawyer, Gary S. Barthel: A Strong Advocate Working on Your Behalf

Gary Barthel is an experienced and widely-known Military AWOL Lawyer who can be your legal representative who will advocate and negotiate on your behalf with the military authorities. Mr. Barthel will walk you through the entire process of resolving your AWOL or deserter status with the military. The majority of Servicemembers who are involved in AWOL cases desire to get out of the military. Unfortunately, there is no “standard military process” to encourage the military to willingly separate you. Mr. Barthel can and will negotiate as an advocate for you and make a case as to WHY it would be in the military’s best interest to separate you while simultaneously advocating to have your case handled administratively rather than referred to a more serious Courts-Martial.

It is possible to obtain an administrative separation from the military without any federal criminal conviction or record, even for extended periods of desertion. But to do so, it is almost always necessary for the Servicemember to voluntarily return to the military command they left or to a deserter processing facility. Yes… AWOL is the most common military crime, and therefore there are entire facilities set up just to facilitate successful deserter resolutions. The whole process will likely require a few months or more to resolve. We can use our knowledge of the military to coordinate your return to command or to the deserter processing facility in the most amicable manner possible.

What Exactly is AWOL — Absent Without Leave

“Any member of the armed forces who, without authority—

  1. fails to go to his appointed place of duty at the time prescribed;
  2. goes from that place; or
  3. absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct.”

Common Reasons for Unauthorized Absence and AWOL

There are numerous reasons why Servicemembers leave without permission: a servicemember may overstay their weekends because they either cannot make it back to base in time for morning formation, they misunderstood when they were required to report back to the command, they or a family member may experience unforeseen personal problems, stress, fear of deployment, fear of being harmed, or just a loathing of the military. If you have an experienced Civilian Military Lawyer on your side, many of these common reasons could actually be leveraged into a viable defense or mitigate the charge of Unauthorized Absence, AWOL, or Desertion. No matter the reason – if you are facing potential charges and punishment for being in an Unauthorized Absence status, do not avoid returning to the command to resolve the issue. The sooner you voluntarily return to the command the better!

When are you considered AWOL?

When a servicemember is Absent Without Leave (AWOL) from the military, that servicemember is deemed to be AWOL by the command at a particular date and time. Sometimes a servicemember may not even realize they are AWOL because they believed they had command authorization to be absent. It is not unusual for a servicemember to first learn they are considered AWOL until they are notified by the command that all or a portion of their absence was not authorized by the command.

AWOL – You can run, but you can’t hide…

Once you are in an AWOL status, it is important that you contact your command and voluntarily return as soon as possible. Do not make the mistake and think that the military will not find you. Once you are in an AWOL status, your command reports your AWOL status in a national data base. At some point, you will be found. Moreover, while in a AWOL status you may have difficulty obtaining employment, renting or buying a home, buying a car, getting a driver’s license, opening a bank account, or getting a debit or credit card.

You cannot put your head in the sand. Servicemembers have been going AWOL from the U.S. Armed Forces since the Revolutionary War! You are mistaken if you think you can hide from the U.S. Military. If the U.S. Military can locate and capture Saddam Hussein and Osama Bin Laden, they can and will locate and arrest you. While the military may not be using a Predator drone to locate and target you like a Taliban insurgent, you are in a national data base and ultimately when you least suspect it you will be apprehended and returned to the military to face charges for being AWOL.

Terminate Your AWOL or UA Status Voluntarily

No matter where you are in the world, Civilian Military Law Attorney Gary S. Barthel can use his knowledge and military experience to assist you and coordinate your return to your command or to the nearest deserter processing facility in your area. Mr. Barthel is available at any time, to deploy to your defense at any post, camp, or station worldwide. Mr. Barthel has the skills, experience and resources to help you return to military control and get your AWOL status resolved while doing all in his power to reduce the consequences and fallout as much as possible.

For legal representation, Contact Gary S. Barthel, Lt. Col. USMC (Ret.) at (760) 536-9038 and receive a confidential consultation regarding your situation.

Are you AWOL?
Get a Private Military Defense Attorney’s Help

If you are currently AWOL and have not yet been arrested, it is in your best interest to get help from a Civilian Military Attorney. Call and discuss your situation with Gary S. Barthel to openly and confidentially discuss your unique circumstances. Gary won’t be judging you – he’s seen every imaginable crime including homicide and is here to give you straightforward honest advice and answer any question regarding your Unauthorized Absence or AWOL status and what you might face upon return, including:

Why Hire a Civilian Military Defense Attorney?

Unfortunately, you are not entitled to a detailed military defense counsel until you return to the command and the command decides it is going to prosecute you at a court-martial. By then, it is too late to get the legal advice you need to deal proactively with the legal dilemma you find yourself in. You need someone who can look out for your legal interests before you return to the command and find yourself facing a court-martial.

Anxious About Your AWOL or Unauthorized Absence Status? Contact a Military Defense Attorney Today.

Make sure that you get the right help from a Civilian Military Attorney, in San Diego or Worldwide, built to support your needs. Military Law Center Is Ready to Help You – Right Now. Military Law Center will aggressively advise and defend you – Know Your Military Legal Rights.

The Military Law Center is here to aggressively investigate, advise and defend you against any allegation made against you in whatever forum you may be find yourself in. Whether you are facing military or civilian criminal allegations, in a military court, military administrative hearing, or a civilian court, for allegations on or off a military installation, that may jeopardize your career and/or your military benefits, it’s never too late to retain an experienced Civilian Military Attorney. Contact us right now.