Cornell Law School Search Cornell. LII U. Code Title Time limits and exclusions. Code Notes Table of Popular Names prev next. If an individual has been charged with a felony in a district in which no grand jury has been in session during such thirty-day period, the period of time for filing of the indictment shall be extended an additional thirty days. If a defendant consents in writing to be tried before a magistrate judge on a complaint, the trial shall commence within seventy days from the date of such consent.
The periods of delay enumerated in section h are excluded in computing the time limitations specified in this section. The sanctions of section apply to this subsection. If the defendant is to be tried again following an appeal or a collateral attack, the trial shall commence within seventy days from the date the action occasioning the retrial becomes final, except that the court retrying the case may extend the period for retrial not to exceed one hundred and eighty days from the date the action occasioning the retrial becomes final if unavailability of witnesses or other factors resulting from passage of time shall make trial within seventy days impractical.
B delay resulting from trial with respect to other charges against the defendant;. C delay resulting from any interlocutory appeal;. D delay resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, such motion;.
E delay resulting from any proceeding relating to the transfer of a case or the removal of any defendant from another district under the Federal Rules of Criminal Procedure;. G delay resulting from consideration by the court of a proposed plea agreement to be entered into by the defendant and the attorney for the Government ; and.
Often, a defendant is going to want more time to prepare for trial than the 70 days provided by the Speedy Trial Act, at 18 U. That said, normally the government wants more time too.
And, for that matter, the trial court often wants more time. As a result, in many cases there winds up being a conspiracy between the government, the court, and, sometimes, the defendant to defeat the Speedy Trial Act.
The Act excludes any time that a motion is pending during the 70 day time. So, normally, the defendant files a motion to suppress evidence, or, quixotically, to dismiss the indictment , and that stops the Speedy Trial Clock. This gets tricky, however, because if the Speedy Trial Act is not complied with, the Act requires that the indictment gets dismissed — though more on that later. So a defendant both wants to stop the clock, and benefit from the clock not being stopped.
United States , the court of appeals addressed an interesting Speedy Trial Act issue. Bloate was convicted and sentenced to 30 years in prison. He filed a motion to dismiss the indictment under the Speedy Trial Act. It was denied. He appealed, complaining about the Speedy Trial Act. His appeal lost. He went to the United States Supreme Court.
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