Legal Question in Military Law in Virginia

Re: Time Limit on Charges

There is a time limit. It's called a statute of limitations. The time limit depends on the seriousness of the misconduct alleged. The shortest time limit is 5 years. So they would have 5 years from the alleged date of the misconduct to bring formal charges against you.

Re: Time Limit on Charges

In addition to the statute of limitations (5 years for many military offenses), you should look to see if the command has taken any action that could be considered a restriction or significant restraint on your liberty. Certain restraining actions may start the speedy trial clock under RCM 707. If that's happened you need to document that, and also consider make a "speedy trial demand."

Re: Time Limit on Charges

Legally, then can wait up to five years before bringing charges. However, as a practical matter, if they have not brought charges to a court-martial in over a year, it may be unlikely that they would do so now. Usually, they move promptly on cases such as this as they are in a rush to get the matter resolved.

If they have not taken any court-martial or separation action against you in a year, my guess would be that they probably do not intend to do so unless you give them a reason such as by committing a new offense, etc. Hopefully, nothing will happen and this will all go away.

Feel free to contact me if you have any additional questions.