BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007
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Section 1 - Criminal Pre-Trial

    1.10 Speedy Trial Act (18 USC 3161–3166)

        1.10.1 Speedy Trial Act: General Principles
        1.10.2 Speedy Trial Act: Dismissal
        1.10.3 Speedy Trial Act: Waiver By Defendant
        1.10.4 Speedy Trial Act: Basic Time Limits
        1.10.5 Speedy Trial Act: Trial Commencement Limitations
        1.10.6 Speedy Trial Act: Excludable Periods
        1.10.7 Speedy Trial Act: Other Aids To Interpretation
        1.10.8 Speedy Trial Act: Other Sources

Title I of the Speedy Trial Act of 1974 (18 USC 3161) imposes time limits within which criminal defendants must be brought to trial. The time limits are expressed as numbers of days from certain events, but the statute provides that certain periods of time be "excluded" in computing these limits, thereby extending the deadlines. The statute applies to offenses other than petty offenses. [FOOTNOTE 1] This section is offered as a general guide to the time limits and exceptions in the Speedy Trial Act. Judges should be aware that circuit law may differ on specific issues.

Judges should also be aware of the possible effect of the Crime Victims’ Rights Act. Any victims of the offense have the right to be notified of and to attend any public proceeding. They also have a right to "proceedings free from unreasonable delay," which may need to be considered if exceptions to the Speedy Trial Act’s time limits are requested. See 18 USC 3771(a)(2), (3), and (7).

FOOTNOTES:

Footnote 1:    “Petty offense” means an offense that is punishable by imprisonment of six months or less and for which the maximum fine (including any “alternative fine” under 18 USC 3571(d)) is no more than $5,000 for individuals or $10,000 for organizations. 18 USC 19 and 3581.

Failure to comply with the time limits generally requires that a cause be dismissed, although not necessarily with prejudice. In deciding whether to dismiss with or without prejudice, the court should consider the seriousness of the offense, the facts and circumstances that led to the dismissal, and the impact of a reprosecution on the administration of the Speedy Trial Act and the administration of justice. See 18 USC 3162(a)(1) and (2). If the defendant may be released, victims should be given an "opportunity to be reasonably heard" at any public proceeding on the issue. 18 USC 3771(a)(4).

Although a defendant’s failure to make a timely motion for dismissal on speedy trial grounds is deemed a waiver of the right to dismissal, see 18 USC 3162(a)(2), courts should not rely solely on defendants’ agreements to delay their trials beyond the statutory time limits. As the Supreme Court recently concluded,

§ 3161(h) has no provision excluding periods of delay during which a defendant waives the application of the Act, and it is apparent from the terms of the Act that this omission was a considered one. Instead of simply allowing defendants to opt out of the Act, the Act demands that defense continuance requests fit within one of the specific exclusions set out in subsection (h).

An indictment or information must be filed within thirty days after arrest or service of a summons. However, if a defendant is charged with a felony in a district in which no grand jury has been in session during the thirty-day period, the time for filing an indictment shall be extended an additional thirty days. See 18 USC 3161(b). If an indictment or information is dismissed or otherwise dropped and if charges based on or arising from the same conduct are later refiled, "the provisions of subsections (b) and (c) of this section shall be applicable with respect to such subsequent complaint, indictment, or information." 18 USC 3161(d)(1).

A trial must commence within seventy days after the later of (a) the date of the indictment or information or (b) the date of the defendant’s initial appearance before a judicial officer in the district in which charges were brought. See 18 USC 3161(c). In some circumstances, the deadline for trial on a superseding indictment relates back to the original indictment.

A trial of a defendant held in pretrial detention must also commence within ninety days of the beginning of continuous custody. This deadline may in some cases be earlier than the seventy-day deadline referred to above. See 18 USC 3164(b). The sanction is release from custody rather than dismissal of the case. See 18 USC 3164(c). If the defendant’s release involves a "public hearing," a victim has the right to be heard. See 18 USC 3771(a)(4).

A retrial following a mistrial or order for a new trial must commence within seventy days after the date the action occasioning the retrial becomes final. 18 USC 3161(e). Retrial following a dismissal by the trial court and reinstatement after appeal, or following an appeal or collateral attack, must also commence within seventy days, but an extension of up to 180 days may be allowed if trial within seventy days is impractical. 18 USC 3161(d) and (e).

The Act requires that the trial date be determined at the earliest practicable time, after consultation with counsel. See 18 USC 3161(a). A trial may not commence less than thirty days after the defendant first appears through counsel or expressly waives counsel and elects to proceed pro se, unless the defendant consents in writing. See 18 USC 3161(c)(2).

There are several periods of delay that "shall be excluded" from the time limits for filing an indictment or information or for commencing trial. See 18 USC 3161(h)(1)–(9). Among these are periods of delay resulting "from other proceedings concerning the defendant," "from the absence or unavailability of the defendant or an essential witness," and "from the fact that the defendant is mentally incompetent or physically unable to stand trial."

A period of delay resulting from the granting of a continuance may also be excluded if the continuance was granted on the basis of a finding that "the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial." The court must put on the record, "either orally or in writing, its reasons for [that] finding." [FOOTNOTE 1] See 18 USC 3161(h)(8)(A). Note that a continuance under this section may not be granted "because of general congestion of the court’s calendar, or lack of diligent preparation or failure to obtain available witnesses on the part of the attorney for the Government." 18 USC 3161(h)(8)(C). The right of crime victims to "proceedings free from unreasonable delay" may also have to be considered. See 18 USC 3771(a)(7).

FOOTNOTES:

Footnote 1:    Consider asking the U.S. attorney to prepare the form of the order.

The speedy trial plan adopted by each district court pursuant to 18 USC 3165, 3166

Administrative Office of the U.S. Courts, 1 Clerks Manual: United States District Courts § 8.08 (1993)

Judicial Conference Committee on the Administration of the Criminal Law, Guidelines to the Administration of the Speedy Trial Act of 1974 (rev. ed. October 1984), 106 F.R.D. 271 (1984)