AWOL

SGT Bergdahl is suspected, and appears convicted of desertion. That’s a big news story. There have been a number of experts discussing the allegations and quite nicely lay out the procedures that the military must follow in prosecuting a Soldier.

But no-one is discussing what SGT Bergdahl and his family ought to be doing to protect him in his legal jeopardy. I suggest they need to engage the services of an experienced military defense counsel to help them navigate the legal rocks and shoals which lie ahead.

Soldiers suspected of a crime have rights. Their right to silence is broader than that applicable to civilians. A Soldier has the:

• Right to Silence
• Right to talk to a lawyer
• Right to terminate or stop an interrogation
• Right to leave the interrogation

The difficulty is making sure that all personnel dealing with SGT Bergdahl are aware of their obligations, that they respect his rights, and that he himself assert his rights. To do that he needs a military defense lawyer to help.

To prove desertion the military prosecutor has to prove beyond reasonable doubt that SGT Bergdahl had no authority to “wander off,” and that if he did so it was with intent to remain away permanently, and to shirk important service or avoid hazardous duty.

One of the ways a prosecutor proves desertion is by statements made by the accused at the time he left and during the return and reintegration process. Some may refer to the latter statements as admissions or confessions.

The real danger time is now where spontaneous admissions might be made, or made in circumstances where SGT Bergdahl was not properly advised of his rights. SGT Bergdahl’s statements may come during the provision of medical care, where there is almost no medical privilege against disclosure of information to the commander, during psychological counseling, during debriefings by intelligence agents, including those from three letter agencies, as well as through formal investigations conducted by Army CID. We are seeing some of this in media stories about what he is telling medical providers.

A seasoned civilian military defense lawyer will have extensive experience with AWOL and desertion cases, including some of the defenses, extenuations, and mitigation that might be applicable.

The issue of debriefings and confessions or admissions is illustrated by the case of SGT Clayton Lonetree. He was convicted because of unwarned statements he made during debriefings about his alleged spying while assigned to the U. S. Embassy in Moscow. In 1993, the Supreme Court refused to review his conviction.

Private Lonetree, who was reduced in rank from sergeant and sentenced to 25 years in prison, argued that he had been tricked into confessing by two intelligence agents who promised him confidentiality but then reported him to the authorities and testified against him at his court-martial. Linda Greenhouse, New York Times, Supreme Court Roundup; No Review of Espionage Conviction, April 6, 1993.

In addition to using a Soldier’s own statements against him, it is not unusual to find an additional charge for lying to investigators during the interrogation process.

Get a Full Case Evaluation of Your AWOL / UA / Desertion Case

Our AWOL/UA clients have ranged in absences from a few days to 20 years.

You will speak to a lawyer, not a paralegal, and not a secretary – the lawyer. When you call or eMail, please be ready to answer the questions below. This will aid getting the proper guidance.

Please use eMail address: mljucmj@court-martial.com or our

contact form.

Name:
City and State:
Age:
Date enlisted:
Service enlisted in:
Base/Post/Unit AWOL/UA from:
Rank at time of AWOL/UA:
Were any disciplinary proceedings pending:
Were you under investigation:
Was a court-martial pending:
Was a court-martial going on:
Was your unit deploying soon:
Did you also miss a movement:
Was an administrative discharge action pending:
Why did you go AWOL/UA:

Here’s an interesting piece of news on this topic.

Hopefully you are not this person: Marines Catch ‘Deserter’ … 5 Years After His Honorable Discharge