Absent Without Official Leave (AWOL), or unauthorized leaving of a unit or place of service, is a military crime involving a servicemember leaving their unit or failing to report on time without the intent to evade service permanently (which distinguishes it from desertion). This crime often results from misunderstandings, family circumstances, or disciplinary misconduct. Criminal liability arises if the absence lasts longer than a specific period (e.g., more than 2 days). Many soldiers do not realize that lateness can become a criminal case. Legal.ge offers lawyers who will help you prove that your actions did not contain elements of desertion and constituted only a temporary infraction, significantly mitigating liability.
What Does AWOL Defense Service Cover?
Defense in these cases focuses on establishing timelines and reasons. Services include:
- Precise Time Calculation: Determining exactly how long the person was absent. Criminal liability begins only after exceeding the statutory limit (e.g., 2 days). Before that, it is merely a disciplinary offense.
- Documenting Valid Reasons: Collecting evidence of illness, transport delays, or family emergencies that excuse the absence.
- Distinguishing Qualification: Arguing that the act is AWOL (Article 387) and not desertion (Article 388), which carries a much lighter sentence.
- Plea Bargaining: Negotiating with the prosecution for a fine or probation.
Real-World Scenarios When You Need This Service
AWOL charges can be brought when:
- Late from Leave: A soldier couldn't return from leave on time due to vehicle breakdown and couldn't notify the unit.
- Leaving Unit at Night: A servicemember jumped the fence to go to town but intended to return by morning.
- Medical Reason: The person felt ill and went to a civilian hospital instead of a military one without permission.
Georgian Legal Framework and Regulations
Unauthorized leaving of a unit is regulated by Article 387 of the Criminal Code of Georgia. The law sets different penalties based on the duration of absence (2 to 10 days, 10 days to 1 month, more than 1 month). A lawyer must know these gradations to defend the client properly.
Service Process
Working with a lawyer on Legal.ge involves:
- Fact Assessment: Determining the time and reason for absence.
- Evidence: Gathering exculpatory documents (certificates, tickets).
- Representation: Defense during investigation and trial.
Why Choose Legal.ge?
Our lawyers will help ensure a disciplinary infraction doesn't turn into a serious criminal case, helping you preserve your military career.
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