Atlanta, GA asked in Criminal Law and Military Law for Florida

Q: In Florida, can a National Guard commander have a warrant put in for my arrest if I don’t show up for Annual Training?

Can a National Guard commander have a soldier arrested for not showing up to Annual Training orders? Haven’t been able to find any answers on AWOL in the 2022 FL Statutes.

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3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Did you look at Florida Statute 20.36?

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Sorry, 250.36.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: Yes, a National Guard commander can initiate a warrant for your arrest if you fail to show up for Annual Training. Under federal law, failure to report for duty or unauthorized absence from the National Guard can be considered a violation of the Uniform Code of Military Justice (UCMJ), which is the military justice system that applies to all members of the U.S. military, including National Guard members.

In Florida, the state's National Guard is subject to both federal and state laws and regulations. While there may not be specific provisions related to AWOL in the Florida Statutes, the UCMJ and federal law would still apply to National Guard members who fail to report for duty or go AWOL.

If you are unable to attend Annual Training for any reason, it is important to communicate with your chain of command and seek permission or make alternative arrangements. Failing to report for duty or going AWOL can have serious consequences, including disciplinary action, loss of pay and benefits, and even criminal charges.

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