R.C.M. 707(d): Remedy for Violation
Overview of R.C.M. 707(d): remedy for violation:
The remedy for violating the 120 speedy trial rule is dismissal of charges upon timely motion. When determining whether to dismiss with or without prejudice, the military judge considers the following factors: “[s]eriousness of the offense…facts and circumstances that lead to dismissal…impact of re-prosecution…and any prejudice to the accused….” R.C.M. 707(d); United States v. Bray, 52 M.J. 659, 663 (A.F. Ct. Crim. App. 2000).
In United States v. Edmond, dismissal without prejudice was held appropriate where the offense was of a serious nature, there was no bad faith by the government, dismissal with prejudice would not facilitate an improved administration of justice, and there was no indication that the accused suffered prejudice.
In United States v. Bolado, 34 M.J. 732, 739 n.6 (N.M.C.M.R. 1991); aff’d, 36 M.J. 2 (C.M.A. 1992), the Court held that a commander’s decision to reassign the accused to another duty assignment is not the type of prejudice envisioned in R.C.M. 707(d).