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Military Lawyer: P. Simmons , Military Lawyer replied 6 years ago

P. Simmons , Military Lawyer Category: Military Law Satisfied Customers: 44,896 Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience. Verified Verified

Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.



I agree that generally speaking the charges would result in jail time (a minor theft charge for a first offender).



But to say jail is not possible is not accurate.



What you describe is criminal theft. Depending on how this is charged, maximum punishment can include up to one year in jail.



But I also agree most likely punishment would be a fine (typically a few hundred dollars) and an order to remain away for the base for a year.



The problem you face is the warrant.



By not showing up to the court, as ordered, you will most likely cause a warrant to be issued. If that happens? Then if you are pulled over for a traffic stop, or have any other interaction with law enforcement (including the TSA, for example, if you fly on an airplane) you would likely be arrested.



I would find a way back to that court asap...hopefully before a warrant is issued. If you present to the court, before the warrant is issued, they will set a new court date.



If you wait until after the warrant is issued, and turn yourself in, you may have to spend a day in jail as they process you through this.



Now...if you hire a lawyer, you are paying for them to work through this mess with the AUSA (Assistant US Attorney). I would expect a lawyer could negotiate your return in conjunction with the criminal trial (to avoid jail time)



BotXXXXX XXXXXne: I agree with you that it is unlikely you will get jail time as a punishment.



But if you do not clear this warrant you could spend time in jail waiting for the trial.





Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.















P. Simmons , Military Lawyer Category: Military Law Satisfied Customers: 44,896 Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience. Verified Verified