Cave & Freeburg, Military Defense Counsel

It is Holiday-Season

At Cave & Freeburg, we represent service members worldwide. One of the most common questions we receive each beginning after Thanksgiving is how will the holidays affect my case.

It depends on what stage of the case you are in. Generally, investigations will slow down. The investigators and legal advisors “relax,” and witnesses or other officials are less available for interviews or to provide information.

If your case has been referred to trial, then it may not slow down very much. However, the closer you get to Christmas and the New Year, the more likely it is that there will be a delay into January. Here are some general thoughts, helpfully cataloged by Haley Fuller of military.com.

How the Holiday Season Affects Your Case

1. Speedy-Trial and Statutory Deadlines Continue

The Constitution, the UCMJ, and the President in the Manual for Courts-Martial create non-stop timelines. The Sixth Amendment guarantees the right to a speedy trial. Article 10 of the UCMJ does the same. The Court of Appeals for the Armed Forces has held that Article 10 is more stringent than the Sixth Amendment. These two requirements are most important if the client is in pretrial confinement. The R.C.M. 707, M.C.M., also has a speedy trial rule, which is applicable more often to those not in pretrial confinement.
Holidays—even federal holidays—do not toll or pause those deadlines. However, if the players in the case are taking leave, which is common, the military judge will usually schedule and court appearances around those times of unavailability.
If you are pending court-martial or in pretrial confinement, the calendar continues to matter.

What this means for clients:

The government must keep meeting its obligations, and we keep track to ensure your rights remain protected.

2. Judges, Commands, and Counsel Remain On Duty

Military judges stay available to review confinement, rule on motions, and issue orders.
Trial counsel and defense counsel continue preparing filings and meeting mandatory response times.
Commanders and Staff Judge Advocates must act on referrals, discovery, and administrative matters even during the holiday stand-down.

What this means for clients:

You may receive hearing notices, court rulings, or command decisions during Christmas week.

3. Families Often Feel the Strain

Hearings might be scheduled with little holiday accommodation.
Accused service members may lose travel or leave opportunities because of case status.
Victims and witnesses may also receive short-notice requirements.

What this means for clients:

The season’s timing does not prevent the process from moving forward. We help families understand what to expect and prepare for disruptions.

Why the System Never Closes

The UCMJ is designed to support continuous readiness and good order and discipline. Because military operations do not stop for Christmas, the legal system that governs those operations does not stop either. Congress built mandatory timelines to ensure fairness and prevent delay; the result is a justice system that runs without interruption.

Cave & Freeburg Continues to Protect You During the Holidays

We remain fully engaged.

We keep monitoring deadlines and court dockets every day the law requires.
We continue reviewing evidence, drafting motions, and communicating with commands and prosecutors.
We remain reachable to clients facing urgent developments—even during the holiday period.

We safeguard your rights.

We enforce speedy-trial protections.
We challenge improper delays while preventing unfair acceleration.
We ensure that holiday scheduling does not harm your case.

We support your family.

We help you anticipate disruptions.
We provide clear, timely updates.
We coordinate strategies to minimize the holiday burden on you and those around you.

Bottom Line

Military justice does not close for Christmas—but neither do we.

Cave & Freeburg, Military Defense Counsel, stays ready to protect service members worldwide, every day of the year. If you face charges, investigations, or adverse actions during the holiday season, we stand with you and ensure your rights receive the full protection the law guarantees.