Got injured in basic training and went awol

[poulacki]

What is the name of your state (only U.S. law)? Fl
My son was in army basic training got injured and awaiting medical discharge went awol, cause had to go and help grandma had surgery and uncle had to take him out of 1 hospital and place him in another. Alot of family problems that needed his imediate attention. Now, he is in jail cause got stoped by they police due to the driver went through a red light. He was the pasenger, on his way to pick up grnadma. the police found drug parefanelia. He does not use drugs, but, the driver smokes weed. He did and still does want to be in the military, he loved it, the only thing was the disapointment the he had to be released on a medical discharge and not serve his country. He wanted to go to Irag and help. He went in as an EMT. . His mind said well, I am getting out to begin with, let me go and help. My question is, what can I do to help? How can we prove that his help was needed? I don't know what to do to help him???? I do not have the money for a lawyer. Please can some one help me.
Would it be ok. if his brother call his commender and hear what he has to say?????????

Should he get a jag publick defender????????
thank you in advance for any answers

[ERAUPIKE]

Originally Posted by poulacki

What is the name of your state (only U.S. law)? Fl
My son was in army basic training got injured and awaiting medical discharge went awol, cause had to go and help grandma had surgery and uncle had to take him out of 1 hospital and place him in another. Alot of family problems that needed his imediate attention. Now, he is in jail cause got stoped by they police due to the driver went through a red light. He was the pasenger, on his way to pick up grnadma. the police found drug parefanelia. He does not do drugs, but, the driver smokes weed. My question is, what can I do to help? How can we prove that his help was needed? I don't know what to do to help him???? I do not have the money for a lawyer. Please can some one help me.

Should he get a jag publick defender????????
thank you in advance for any answers

There is nothing you can do to help him except pray that he was telling you the truth about not using drugs. If he tests positive for any drugs when he is returned to military custody it will only compound his already substantial troubles. The issues you mentioned, although they were a little hard to decipher, seemed to be situations that could have been handled without him. What was he doing out smoking pot with his friends if the situation was so dire?

If there was a genuine emergency the Red Cross has a system that will afford members emergency leave to attend to those matters. In some situations like a member of the family having surgery an emergency leave status is not warranted in most cases. It really depends on the severity of the procedure and the individual situation. Hindsight being 20-20 it is too late now. You can wait where you are for 2 to 6 months, longer if he tests positive, for your son to return home. He is sure to be there for a very long time now that his future is all but destroyed by his brash and poorly thought out actions.

[publius]

Originally Posted by poulacki

Should he get a jag publick defender????????

The answer to this one is easy. Yes, he should definitely talk to the local JAG defense counsel, as soon as possible, and before running his mouth to anyone else. Especially if you can't afford a civilian attorney. Military defense counsel is free and knows the military justice system. Why not make use of his right to it?

[ERAUPIKE]

Your son is obviously a deserter since he was picked up on a warrant. He will be given the chance to consult with JAG during the process of separating from the Army. If he is brought to Court Martial he will receive a military attorney free of charge.