As tensions over the draft crisis continue to escalate, with protests, arrests, and even attempts to storm police stations dominating headlines, thousands of bnei yeshiva are grappling with uncertainty over their legal status and rights. Against that backdrop, attorney Shlomo Chadad, a specialist in military and criminal law who has been closely involved in recent arrest cases, is offering guidance to those caught in the growing turmoil.
Chadad, who works with organizations including Chayei Olam, Ezram U’Magenam, and other assistance groups, says confusion on the ground has reached unprecedented levels. With tens of thousands of bnei yeshiva now classified as draft evaders or deserters, fear of arrest has become a daily reality for many.
One of the most pressing questions concerns whether a ben yeshiva can safely enter a police station to file a complaint or testify as a victim of a crime. Just last week, Police Commissioner Dani Levy issued a directive instructing officers not to arrest crime victims who come to police stations, even if they are classified as draft evaders.
According to Chadad, however, events on the ground have not always reflected that policy. He pointed to a recent case in which a ben yeshiva who arrived at a police station to report a serious crime was arrested and transferred directly to military authorities, despite the commissioner’s instructions. The incident sparked widespread outrage in chareidi circles.
“Crime victims should be excluded from all of this,” Chadad said, explaining that he receives calls daily from frightened young men asking whether it is safe to approach the police. Some cases involve witnesses to serious offenses, others involve burglaries or traffic accidents.
He described a recent case involving a ben yeshiva who was injured in a serious automobile accident. Rather than seeking medical treatment, the young man’s first instinct was to flee the scene out of fear that police would arrive and arrest him for draft-related issues.
According to Chadad, such situations reflect a growing breakdown of trust between the police and sections of the chareidi community.
In practice, he said, there have been instances in which individuals were handed over to military authorities, though not in large numbers. Much of that is because many bnei yeshiva have become increasingly cautious about entering police stations at all.
As a result, many have turned to alternative methods, such as filing complaints online or sending representatives to handle matters on their behalf. Chadad believes the primary challenge lies with individual officers in the field.
While most officers are familiar with the current guidelines requiring only temporary detention and release with a summons, he warned that some officers either disagree with the policy or are unfamiliar with it. In such cases, he claims, delays can intentionally extend beyond the permitted period, resulting in transfers to military authorities.
Chadad also issued an urgent warning to young men who may qualify for medical or psychological exemptions but have neglected to pursue them.
He stressed that anyone with a legitimate medical or mental-health condition should address the issue before being formally classified as a draft evader. According to Chadad, military authorities become increasingly skeptical as time passes, making exemptions more difficult to obtain.
He recounted a recent case involving a young man suffering from a severe physical illness who clearly qualified for a Profile 21 exemption. Because he delayed addressing the matter for more than a year, he was ultimately arrested. Although military doctors immediately determined that he was unfit for service, he was nevertheless required to remain in prison for two weeks because of the lengthy period during which he had failed to resolve his status.
According to Chadad, had the issue been addressed just a few months earlier, the young man likely would not have spent a single day behind bars.
Another major concern, he said, is a new policy change instituted by Attorney General Gali Baharav-Miara that significantly lowers the threshold for criminal prosecution.
Until recently, only individuals who had evaded military service for more than 540 days were classified as criminal draft evaders subject to prosecution in military court. Under the revised guidelines, that threshold has been reduced to just one year, or 365 days.
Chadad warned that the implications are substantial.
Those whose status extends for less than a year generally face disciplinary proceedings before a military officer and may receive sentences of approximately 20 to 30 days in military prison. Such proceedings typically do not involve in-person legal representation.
However, once an individual crosses the one-year mark, the case can move into the criminal realm. Those defendants may face military court proceedings, lengthy prison sentences, and a criminal record that could follow them long after the case concludes.
Chadad said thousands of people may already fall into this category and predicted that military authorities will soon face a wave of far more complex criminal cases than they have handled in the past.
Asked what a ben yeshiva should do if arrested in the middle of the night and transferred to detention or Military Prison 10, Chadad offered what he described as the most important piece of advice.
According to him, the first words out of a detainee’s mouth should be a request to speak with an attorney.
He stressed the importance of exercising the right to remain silent until receiving legal counsel.
“A professional can, in a short conversation, help organize his thoughts, explain his rights, and clarify what he may and may not say,” Chadad advised.
He cautioned detainees against making statements that could later complicate their cases and emphasized that many prisoners are unaware of their rights regarding religious accommodations, kashrus, appeals procedures, and requests for sentence reductions.
“We are living through ongoing chaos,” Chadad said, urging bnei yeshiva not to make decisions on their own. His advice, he said, is simple: always seek guidance from a qualified professional before taking any action.
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