Is Notification Required for the Military to Label Someone a Deserter?


A man from Hampton was arrested and taken into custody this recently after being accused of deserting from the Army. The 49-year-old veteran filed a petition in federal court the day after his arrest to challenge the accusation and his arrest and subsequent incarceration.

According to the petition, which was filed by the man’s attorney, Allegheny County police made the arrest in front of the man’s wife and children. There was a bench warrant out for his arrest which was dated the 6th of May, 2011 and which accused him of deserting the Army earlier that year.

The petition filed by his attorney states that the man was medically discharged from the military back in 2000 and had been employed with a company in Allegheny County working in an executive capacity ever since. It states also that the man was never given any notification about the desertion charges filed against him and that he had been put in jail without due process.

The facts of this case will be particularly interesting to see – if they ever come out. For now it seems that the military must prove that the man was, in fact, unlawfully away from his post. Additionally, if the man was never given any notification that he was being sought, that fact alone may be not only interesting, but also telling as to the potential outcome of the case.

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-315-744124 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

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