Criminal procedure

Speedy Trial Act

The Speedy Trial Act sets deadlines for federal criminal cases: generally thirty days from arrest to indictment and seventy days from indictment or first appearance to trial.

The seventy-day clock stops for many reasons. Pending motions, competency evaluations, interlocutory appeals, and periods the judge excludes in the interest of justice all toll it, which is why cases routinely last far longer than seventy days without violating the Act.

The remedy for a real violation is dismissal, with or without prejudice depending on the seriousness of the offense and the reasons for the delay. Orders excluding time are a routine and important part of any federal criminal docket.

The Sixth Amendment right to a speedy trial is separate and broader. The Act sets specific numbers, while the constitutional claim weighs the length of delay, the reason for it, whether the defendant asked for a trial, and any prejudice.