Yes, and the military actually gives an accused more speedy-trial protection than many people expect, because there is not one rule but three overlapping ones. A defense attorney who knows how they fit together can move to dismiss when the government has let a case drag. The key is recognizing which protection applies to a given situation.
Three layers of protection
Speedy-trial rights in the military come from three sources, each with a different trigger:
- R.C.M. 707, the 120-day rule. The accused must generally be brought to trial within 120 days after the earliest of: preferral of charges, imposition of certain pretrial restraint, or entry on active duty. This is the clean, countable clock.
- Article 10, UCMJ. This protection is triggered only when the accused is in pretrial confinement or arrest, and it is more demanding: once that happens, the government must exercise reasonable diligence in bringing the accused to trial. Notably, the 120-day count of R.C.M. 707 is not the measure here; Article 10 stands on its own.
- The Sixth Amendment. The constitutional right also applies, weighed through familiar factors such as the length of the delay, the reasons for it, whether the accused demanded a speedy trial, and any prejudice suffered.
So the same delay can be tested three ways, and an attorney chooses the protection that fits the facts, especially noting whether the accused was confined.
The standards that decide the motion
Each protection has its own yardstick. R.C.M. 707 is largely about counting includable days against the 120-day limit. Article 10 asks whether the government was reasonably diligent (not whether it was grossly negligent) while the accused sat in confinement. The Sixth Amendment balances the delay factors as a whole. Identifying the right standard is half the motion.
The remedy
When a speedy-trial right is violated, the relief can be significant, including dismissal of the affected charges, which may be with or without prejudice depending on the circumstances. In some postures, courts also weigh the delay, its reasons, the accused’s demand, and resulting prejudice in fashioning relief.
Imagine a member left in pretrial confinement for months while the case stalls: the attorney measures the delay against both the 120-day rule and the stricter reasonable-diligence standard that applies once a member is confined.
The practical upshot is that military speedy-trial practice is a three-part toolkit: the 120-day R.C.M. 707 clock, the reasonable-diligence requirement of Article 10 when an accused is confined, and the Sixth Amendment’s balancing test. Matching the right protection to the facts is what turns delay into a viable motion to dismiss.
Frequently Asked Questions
How long does the government have to bring a case to trial?
Under R.C.M. 707, generally 120 days from the earliest of preferral of charges, certain pretrial restraint, or entry on active duty, though Article 10 and the Sixth Amendment apply separately.
What is different about Article 10?
Article 10 applies only when the accused is in pretrial confinement or arrest, and it requires the government to act with reasonable diligence rather than simply meet a day count.
What happens if a speedy-trial right is violated?
The remedy can include dismissal of the affected charges, which may be with or without prejudice depending on the circumstances.
This article is general information about speedy-trial protections in the military. It is not legal advice and does not create an attorney-client relationship. Application is fact-specific and the law can change. Anyone facing a court-martial should consult qualified defense counsel.
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