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How long can service members be detained before criminal charges are filed?

On Behalf of | Oct 25, 2024 | Court Martial Defense, Military Defense

When facing potential UCMJ criminal charges, service members often wonder how long authorities can hold them before making formal accusations. This question is crucial for understanding their rights and the military justice system. Let us explore the details of pretrial detention for service members and shed light on the time limits.

Pretrial Confinement vs. Pretrial Restraint

The military legal system distinguishes between two types of pretrial measures: confinement and restraint. Pretrial confinement involves physically detaining a service member in a military prison. On the other hand, pretrial restraint encompasses less severe restrictions on a service member’s freedom, such as house arrest or limitations on movement within a specific area.

Time limits for pretrial confinement

A neutral officer must check within 48 hours if the confinement is necessary. The service member’s commander must also decide within 72 hours. Then, within 7 days, there will be a more exhaustive review to make sure it is still necessary to keep the service member in confinement.

Several factors can influence how long a service member remains in pretrial confinement. These may include:

  • Case’s complexity
  • Evidence’s availability
  • Need for further investigation

Under the rules for Court-Martial, the government must typically bring a service member to trial within 120 days of placing them in pretrial confinement. This four-month period serves as a safeguard against indefinite detention without formal charges.

Rights of service members in pretrial confinement

Service members in pretrial confinement retain certain rights. They can request a review of their confinement status. Additionally, they have the right to legal representation and can communicate with their attorneys to prepare their defense.

In this situation, it is advisable for service members to seek legal help. An experienced military defense attorney can explain the intricacies of pretrial confinement and restraint and advocate for their client’s rights. Legal counsel can also help service members understand their options throughout the process.

The military justice system aims to balance the need for thorough investigations with service members’ rights. Service members facing potential charges should familiarize themselves with their rights, seek legal counsel and actively participate in their defense.