Military Member Arrest Warrants During Deployment: Legal Implications and Prosecution

When a military member commits a crime, the situation can become quite complex, especially if the crime is committed while deployed. This article will explore what happens to a military member if an arrest warrant is issued while deployed, the potential legal implications, and the differences between how military and civilian laws apply.

The Complexity of Military Justice

The primary rule in the U.S. military is that when a service member commits a crime, they are typically turned over to civilian authorities unless the civilian authorities choose not to prosecute due to the severity of the crime. This has been exemplified in cases where sailors faced criminal charges, as documented. For instance, the Navy transferred two sailors accused of murder to state authorities for prosecution, resulting in other than honorable discharges for those sailors.

Military and Civilian Laws Across Borders

When a military member commits a crime in another country or in the United States, the situation remains consistent with civilian law. However, if the crime also violates the Uniform Code of Military Justice (UCMJ), the member may be punished under both sets of laws.

A lawyer can negotiate a case and hopefully have the warrant recalled, but it does not go away. It is supposed to be put on hold based on severity, but often, the member is tried in absentia, which is illegal during deployments. Upon returning to the U.S., the service member is arrested. This highlights the need for careful handling of arrest warrants during deployment.

Prosecution and Custody

Based on the severity of the crime, a military member's treatment can vary. If the charge is a major felony with violence or harm to individuals, the member is likely to be taken into custody, returned to the CONUS (Contiguous United States) as soon as possible, and handed over to authorities at the port of entry. For lesser charges or without violence, the military will likely coordinate with civilian authorities to arrest the member when they return from deployment in a manner that respects the restrictions of their military duties?

For instance, the military may be more likely to cut a personnel clerk's deployment short than return an ordinance disposal professional immediately, depending on the circumstances and the personnel involved. These decisions highlight the complexity and individual nature of these cases, with no one-size-fits-all approach.

Commander Influence and Legal Discretion

Furthermore, the command can play a significant role. If the service member is an asset and essential, the command may request the delaying of court proceedings, even for significant breaches of the law. Charges have been dropped in such cases, but these are rare exceptions.

Understanding the legal landscape and the nuances of each case is crucial for both military and civilian authorities. Proper handling of these situations ensures the fair and effective enforcement of the law, while respecting the unique nature of a service member's obligations.