The United States Constitution gives every accused person the right to a speedy trial. When you serve in the military, this fundamental protection is just as important as it is for civilians, but it operates through a unique set of rules. For service members, your Sixth Amendment right to a speedy trial officially begins the moment your command prefers charges against you or places you into pretrial restraint, a baseline standard supported by cases like US v. Danylo, 73 M.J. 183 (C.A.A.F. 2013). This constitutional guarantee is also reinforced by Article 10 of the Uniform Code of Military Justice.
When a military court needs to determine if the government took too long to bring a case to court, it evaluates four specific legal questions. First, the judges look at the total length of the delay to see if it seems unreasonable. Second, they examine the exact reasons behind the delay to find out if the government or the defense caused it. Third, the court checks whether the accused individual actively demanded a speedy trial during the waiting period. Finally, they look for any prejudice against the accused, which usually means deciding if the delay caused the loss of important evidence or witness testimony that could have helped the defense.
It is common for appellate courts to decide that no violation occurred when the government delays one trial so they can prosecute co-accused individuals first. Because of these complex rules, some service members have unfortunately spent over 350 days sitting in pretrial confinement before ever seeing a judge. When a military court looks at these situations on appeal, they review the entire matter as a question of law using a fresh perspective called de novo review, a standard established in decisions like US v. Arriaga, 70 M.J. 51 (C.A.A.F. 2010).
Article 10 UCMJ Demands Faster Action Than the Constitution
Article 10 of the UCMJ establishes strict requirements that apply the moment the military places an accused person into pretrial confinement. Under this specific statute, command authorities must take immediate steps to inform the service member of the specific charges, move forward to a trial, or dismiss the case entirely.
This military law actually sets a much more demanding standard for the government than the traditional Sixth Amendment. The reason for this higher standard stems from the fact that the military justice system does not offer a bail system like civilian courts do, meaning confined service members cannot simply pay money to secure their freedom while waiting for court.
Service members should also know that they can waive their right to a speedy trial if they choose to enter a guilty plea as part of a pretrial agreement.
How Rule for Courts-Martial 707 Sets the 120-Day Clock
Rule for Courts-Martial 707 creates another distinct layer of protection regarding your right to a speedy trial. This specific rule requires the government to bring an accused service member to trial within 120 days after the imposition of pretrial confinement or the formal preferral of charges.
However, the government frequently points to a wide variety of administrative excuses to argue they had good cause for missing this deadline. If a military judge does find a violation under R.C.M. 707, the resulting dismissal of charges is usually done without prejudice. This means the government can simply let the accused out of confinement and then turn around and file the exact same charges against them all over again.
Secure an Experienced Military Defense Legal Team
Going through a military justice investigation or facing a court-martial is an incredibly stressful experience that can put your entire future on the line. Mangan Law provides aggressive legal representation for service members across all branches of the military who are dealing with serious criminal charges. Founder Sean Mangan, a retired Army Lieutenant Colonel, brings more than 30 years of deep experience in both the military and criminal justice systems to your defense.
Our firm has handled more than 200 recent cases across all military branches, giving us the deep insight necessary to fight for your rights when the government stalls your case. If you believe your command has violated your right to a speedy trial, contact Mangan Law today at (360) 908-2203 to speak with a dedicated legal professional about your situation.