You want out
If you have gone AWOL, deserted your post, or failed to go somewhere you were ordered to be, we understand that you want out of your commitment or to be welcomed back without harsh punishment. Unfortunately, Colorado Springs is one of the worst places to face allegations like these. Thousands of military servicemen, women, and family members live in or are assigned to a base in Colorado Springs. Because it’s such a strong, pro-military environment, charges like these are taken extremely seriously.
The military lifestyle is highly rewarding for many people. However, there are situations when being in the Air Force or any other branch doesn’t seem worth it. Maybe there is trouble at home and you are not there to support your family when you need to be. Your unit may be taking hazing to a painful level. Your platoon may be training for things that you are unable to face, physically or mentally. Or you might still be coping with stresses and traumas you suffered during a deployment.
At some point, you might feel like you can slip into Colorado Springs and disappear. You think that there are so many Airmen and Soldiers around that your absence will not be missed. You might sneak back to your hometown and hope the military will separate you rather than chase you down.
No matter what happened, we you know you want out, but you need to realize that you cannot face this problem alone. If you are AWOL or going to face punishment for desertion or being AWOL, you need to contact an experienced AWOL attorney to help you face your situation, save you from excessive punishment, and, if possible, get you accepted back into the military or help you separate from the service with your future intact.
We want to help you with your AWOL
Many civilian military law firms shy away from AWOL and desertion cases because there thinking up a creative defense strategy is very difficult in a case like this. At Gagne, Scherer & Associates, LLC, we are one of the few reputable law firms that handles AWOL cases. It’s true that a purely legal defense to a charge like this is rare, but they can be fought. Each case is unique, and you will need a defense team that understands how to build a defense around your particular background, circumstances, and goals.
Our AWOL attorneys frequently handle cases like these. In some cases, we are brought in to help Airmen and Soldiers before they return to their assigned San Antonio base. In others, we are called upon after the Airman or Soldier receives his charges. No matter where you are in the stages of AWOL or desertion, we will jump on the case right away and fight for the best possible outcome.
The differences between charges
Many Airmen and Soldiers assigned to the joint bases in Colorado Springs do research online before or after they go AWOL or desert their post, but they might not find the answers they need. Many websites give inaccurate information and bad advice. Those that provide accurate information, like ours, sometimes give an Airman or Soldier answers he doesn’t want to hear. For example, while you may think you’re AWOL, you might ultimately be charged with desertion. Other times, what you think is a Failure to Go is actually an AWOL, which poses harsher punishments. We want to clarify your situation with you, so you have an idea of the punishment the military might try to inflict upon you if you do not have the help of a good AWOL attorney.
AWOL: Absence Without Leave is under Article 86 of UCMJ. Any member of the military that doesn’t go to his or her appointed place of duty on time, or remains absent from the appointed duty or assigned base, can be considered AWOL. Simply put, you’re AWOL if you are not where you are supposed to be, when you are supposed to be there.
AWOL can cover a range of scenarios. If you leave San Antonio without authority, if you fail to show up for work, if you’re late returning from leave — you are AWOL.
Failure to Go is a lot like Absent Without Leave, but it’s a bit different and it’s not as serious. Failure to Go is what it sounds like: it’s when an Airman or Soldier does not go where he is ordered to go. Typically, this is in regards to an appointment, training session, or meeting.
Desertion: Desertion is listed under Article 85 of UCMJ. Desertion is different from AWOL because of one specific factor: you do not intend to come back. If you leave your base in Colorado Springs with the intent to permanently stay away, then you will be classified as a deserter.
There is a myth that if you are AWOL for more than thirty days, that’s when deserter status begins. The reality is that you can put in desertion status at any time if the government can establish that you didn’t or don’t intend to return. This could happen the moment you leave. If, on your way out the door, you burn your ID card, shred your uniform, and leave a note that says you’re leaving for good, you’re a deserter and the military doesn’t have to wait 30 days to say so. However, it’s true that after a certain amount of time has passed, the military can declare you a deserter based on the passage of time alone.
You can’t escape reality
There is a hard truth with both AWOL and Desertion cases—you will have to go back to your unit, either voluntarily or by arrest. That does not necessarily mean that you will have to stay there. Our AWOL attorneys will work as quickly and efficiently with the government to get you home as quickly as possible. But no matter how long you have been gone, or why you left, the first step will always be to go back to your unit and face the consequences. It’s likely that if you’re separated from the service, it can take months before you get back home. And keep in mind that in addition to facing a court-martial, you can be deployed while your case is being handled. Dealing with a situation like this is a difficult process, which is another reason you need an attorney who knows how to handle it, and who takes a compassionate approach to your defense.
Going back to your unit does not mean that you’re already been defeated. The AWOL attorneys will be working fiercely to find leverage for your case. In many cases that our AWOL attorneys handle, you could be leaving your Colorado Springs base—for good—in just a few weeks. That rarely happens if you do not choose to work with an experience, well-established AWOL attorney.
Talk with an AWOL attorney
Working with an experienced AWOL attorney will give you the best shot at a good outcome.
If you have left a Colorado Springs military base without permission, contact an AWOL attorney at Gagne, Scherer & Associates, LLC immediately to start working on your case. It is a challenge to find leverage in an AWOL or desertion case, but it is a challenge that we are ready to face. Our AWOL attorneys are determined, skilled, and creatively attack each case they represent.