Short answer: A general court-martial usually takes 12 to 18 months from the first allegation to a verdict, about 4 to 8 months from preferral of charges to trial, and 3 to 5 days in the courtroom. Civilian military defense lawyer Michael Waddington of Gonzalez & Waddington explains that investigations, forensic backlogs, and pretrial motions drive most of that time, and some cases take two years.
In this video, Michael Waddington walks through the realistic general court-martial timeline stage by stage, from the first allegation to the verdict and appeal.
How long does a general court-martial take from start to finish?
Plan on about a year to a year and a half from the day you are accused to the day a verdict is announced. Some cases move faster, and some take two years or more.
The process breaks into six stages: the investigation, the command decision, preferral to referral, referral to trial, the trial itself, and post-trial review. Knowing which stage you are in helps you plan your career, your family, and your finances.
How long does the military investigation take before charges?
The investigation by CID, NCIS, OSI, or CGIS usually takes three to nine months, from the allegation until the report of investigation reaches your commander. Digital forensics and lab results cause the longest delays. If your phone or computer was seized, expect to add months.
This is the stage where you know the least, because investigators rarely update you. After the report comes the command decision, which can take a few weeks to a few months while the staff judge advocate’s office reviews the file. For covered offenses such as sexual assault, the Office of Special Trial Counsel decides whether to prefer charges.
What happens between preferral and referral?
Preferral is when charges are formally signed and sworn against you. For a general court-martial, an Article 32 preliminary hearing comes next, and it is usually held within 30 to 60 days of preferral unless you waive it.
The preliminary hearing officer’s report usually follows within a couple of weeks. The staff judge advocate then gives pretrial advice under Article 34, UCMJ, and the convening authority or special trial counsel decides whether to refer the case to trial. This stage typically takes six to twelve weeks, sometimes longer.
How long from referral to trial, and what does the speedy trial rule require?
Rule for Courts-Martial 707 generally requires that you be arraigned within 120 days of preferral of charges or the start of certain pretrial restraint, not counting excludable delays. After arraignment, the military judge’s scheduling order controls the calendar.
Discovery, motions, expert requests, and witness availability decide how fast you get to trial. Two to five months from referral to trial is typical. Cases with experts on both sides, overseas witnesses, or contested forensic evidence often take longer.
If you are in pretrial confinement, Article 10, UCMJ, requires the government to move your case with reasonable diligence. Confined cases usually move faster.
How long does the trial itself last, and what happens after?
Most contested general courts-martial with a panel of members take three to five days. A judge-alone trial is often shorter. A complex sexual assault case with several experts can run a week or more.
If you are convicted, the military judge usually announces the sentence the same day or the next day. The record of trial is then prepared, the convening authority acts, and qualifying cases go to your service’s Court of Criminal Appeals. Appeals commonly take a year or more.
What can speed up or slow down a court-martial?
Three things move the timeline the most:
- Pretrial confinement. Confinement triggers the speedy trial demands of Article 10, and those cases move faster.
- Your own decisions. Waiving the Article 32 hearing, asking for time to get defense experts, or negotiating a plea agreement each change the calendar.
- Government readiness. Forensic lab backlogs and witness problems on the government side are the most common reasons for continuances.
Speed is not always your friend. Extra time can let your defense team find witnesses, retain experts, and test the government’s evidence before trial.
What to do right now
- Do not discuss the allegation with anyone in your unit, and do not answer investigators’ questions without a lawyer.
- Talk to a military defense lawyer before charges are preferred, so the months ahead become preparation time instead of dead time.
- Keep doing your job well and keep your record clean, because your duty performance can matter at every stage.
- Give your family an honest timeline of a year or more so the uncertainty does less damage.
- Save documents, messages, and the names of possible witnesses, and share them only with your lawyer.
- Meet with your defense team regularly and ask which stage your case is in.
Key takeaways
- A general court-martial usually takes 12 to 18 months from allegation to verdict.
- From preferral of charges to trial, expect about four to eight months.
- Rule for Courts-Martial 707 generally requires arraignment within 120 days of preferral, not counting excludable delays.
- The trial itself usually lasts three to five days, and appeals can take a year or more.
- The months before trial are your best chance to build a defense, so use them.
Video transcript
Transcript of the video “Article 120 UCMJ Court-Martial: What Can You Expect?,” from Gonzalez & Waddington.
Read the full transcript of this video
My name is Michael Waddington and I’m a criminal defense attorney if you are accused of any serious offense under the UCMJ such as a UCMJ Article 120 sexual assault then you should be concerned right now the military is waging a war on sexual assault you can expect a zealous and determined prosecution team coming after you and trying to win their case these Elite military prosecution teams are well funded well trained and bound and determined to win convictions they are on a mission to prove to Congress
That the military does not tolerate any form of sexual assault domestic violence or sexual harassment military prosecutors will be relentless in Seeking a conviction in serious jail time once they have you in their sights to make matters worse under new laws that went into effect in December of 2023 the new military justice system is victim centered what that means to you if you’re accused is that if a person makes an allegation against you they are believed from the start they won’t probe The credibility of a
Person making an allegation they won’t look for any evidence that could disprove the allegation they’re taking anyone who claims to be a victim and they’re taking their word for it that also means that people who have made false or exaggerated allegations will not be punished even if their allegation is proven to be false [Editor’s note: Making a false allegation can still be prosecuted, for example as a false official statement under Article 107, UCMJ, although those prosecutions are uncommon.] if anything they may be be allowed to retire and get military benefits for military sexual trauma even if the allegation is proven false in court you could expect to encounter law enforcement trained
To start by believing therefore you’re presumed to be guilty once the investigation has started and the law enforcement and prosecutors will act accordingly yes that cuts against your constitutional rights and that cuts against what our country was founded upon and what we stand for but that’s what you can expect in the m milary justice system in this new victim centered approach the victim even if the victim is a lying victim plays a key role in determining what happens to you what could end up happening is
In a case where there’s no evidence or if you’re in fact innocent the victim may still insist that you get some sort of punishment even if you’re innocent and there is no evidence do not be surprised that you end up at a court-martial an administrative separation board or receiving some sort of negative paperwork such as a letter reprimand if you are under investigation for any crime under the UCMJ then you need to stand up and take responsibility for your defense don’t become another statistic don’t play
The victim don’t sit back hoping that someone comes to the rescue or that things are going to work out it’s time to stand up fight for your freedom fight for your career and fight for your reputation.
Frequently asked questions
Can a court-martial happen faster than a year?
Yes. Simple cases, cases where the accused is in pretrial confinement, and cases resolved early by a plea agreement can move faster. Cases with digital forensics or overseas witnesses usually take longer.
What is the 120-day rule in a court-martial?
Under Rule for Courts-Martial 707, the government generally must arraign you within 120 days of preferral of charges or the start of certain pretrial restraint. Delays approved by the military judge or convening authority, including delays the defense requests, are usually excluded from the count.
Should I waive my Article 32 hearing to speed things up?
Not without careful advice. The Article 32 preliminary hearing can expose weaknesses in the government’s case, and a waiver is sometimes traded as part of a negotiated deal. Waiving it just to save a few weeks usually gives away more than it gains.
Can I keep working while my court-martial is pending?
Usually, yes, unless you are confined or restricted. Your command may change your duties, limit your access, or flag you, but continuing to perform well can help you at trial, at sentencing, and in any later administrative action.
Related questions
- How long an Army CID investigation lasts before charges
- What to do in the first 72 hours after you learn you are under military investigation
- What a court-martial plea agreement is and when to take one
Talk to a military defense lawyer
Gonzalez & Waddington defends service members worldwide in investigations, courts-martial, administrative separation boards, and other UCMJ matters. Michael Waddington, a former Army JAG officer, has been a lawyer for over 25 years. Call 1-800-921-8607 or visit ucmjdefense.com for a confidential consultation.
This article is general information, not legal advice. Every case is different, and reading it does not create an attorney-client relationship.
Recent Blogs
- Nonpunitive Letter of Caution vs. Punitive Letter of Reprimand: What Navy and Marine Corps Officers Need to KnowNovember 6, 2026
- First 24 Hours After CGIS Contacts You: What Coast Guard Members Should DoNovember 6, 2026
- First 24 Hours After OSI Contacts You: What Airmen and Guardians Should DoNovember 6, 2026
- First 24 Hours After NCIS Contacts You: What Sailors and Marines Should DoNovember 6, 2026
- First 24 Hours After CID Contacts You: What Soldiers Should DoNovember 6, 2026
- Is Hiring the Cheapest Military Defense Lawyer a Mistake?November 6, 2026