34-e-2 The Federal Speedy Trial Act[136]

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

34-E-2. The Federal Speedy Trial Act[136]

Hoping to implement a quicker procedure for trying cases in the federal courts and to ensure that the right to a speedy trial is respected, Congress passed the Speedy Trial Act. As a result, if you are charged with a federal crime, you have a statutory right to have your case tried within the time limits specified in the Act. The Act provides:

(1) that the indictment charging you with an offense must be filed within thirty days from the date on which you were arrested or served with a summons for the charges,¹³⁷

(2) that your trial must start within seventy days of the filing of the indictment or from the date you first appeared in court, whichever date is later,¹³⁸ and

(3) that your trial must not begin less than thirty days from when you first appear in court through counsel or expressly waive the right to have counsel.¹³⁹

If the government fails to indict you within the thirty-day time limit explained above, the charges against you that are contained in the complaint will be dismissed.¹⁴⁰ If the prosecution fails to bring your case to trial within seventy days of filing an indictment,¹⁴¹ the indictment will be dismissed on your motion.¹⁴² This means that, if you fail to file a motion for dismissal before trial or if you enter a plea of guilty or nolo contendere (no contest),¹⁴³ you will lose the right to have the charges dismissed under the statute.¹⁴⁴

It is important to note that, while similar, your rights under the Federal Speedy Trial Act are not the exact same thing as your rights to a speedy under the Sixth Amendment. So, the fact that there has been no violation of the federal Speedy Trial Act does not prevent the court from finding that you have been denied your Sixth Amendment right to a speedy trial.¹⁴⁵

(a) Dismissal With or Without Prejudice

If there is a violation of the Speedy Trial Act's time limits, the court will dismiss the charges either with or without prejudice. If the dismissal is "with prejudice," the government cannot bring the case again. If the dismissal is "without prejudice," the government can file the same charges again. In deciding whether to dismiss with or without prejudice, the court will consider:

(1) the seriousness of the offense;,

(2) the facts and circumstances that led to the dismissal, and (3) the effect of re-prosecution on the administration of the Speedy Trial Act and the administration of justice.¹⁴⁶

In balancing the three considerations listed above, the court will often...