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Can My Criminal Defense Attorney Rush or Delay My Trial?

How long it takes a defendant to get to trial in federal criminal court is generally determined under the Speedy Trial Act (the “Act”), which sets forth specific deadlines for different stages of a criminal prosecution. The purpose of the Act is to help ensure that defendants receive a timely trial in accordance with the Sixth Amendment. The law also protects defendants from a rushed trial ensuring that their criminal defense attorneys have enough time to prepare. Prosecutors can seek to delay a case beyond the deadline, but defendants can object, and judges will only grant additional time for limited reasons. 

The Speedy Trial Act (18 U.S.C. §§  3161-3174)

The Act’s time limits include the following:

• The information or indictment charging an individual with the commission of a crime must be filed within 30 days from the date of arrest or service of the summons. 
• The trial must commence within 70 days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever is later. 
• Trial may not begin less than 30 days from the date the defendant first appears in court, unless the defendant agrees in writing to an earlier date. 

Exclusions under the Act

The deadlines discussed above exclude certain delays. Some common examples include delays attributable to:

• Pretrial motions from the filing of a motion to the conclusion of the hearing on that motion and a reasonable period (up to 30 days) during which a motion is actually “under advisement” by the court.
• The unavailability of the defendant or an essential witness.
• A reasonable delay when a co-defendant is joined for trial but for whom the time for trial has not run.
• The defendant’s involvement in other proceedings, including delays resulting from an interlocutory appeal. 
• The mental competency or physical capacity of the defendant.

Requests for Delays

The judge, prosecutor, or criminal defense attorney can request a continuance to delay the case. Often, prosecutors will make a motion asking for additional time to review discovery materials, conduct further investigations, or engage in plea negotiations. 

In deciding whether to allow the delay, the judge must decide whether “the ends of justice served by the granting of such continuance outweigh the best interests of the public and the defendant in a speedy trial.” Judges are required to provide their reasons for allowing more time under this standard.

Objecting to Delays

In most cases, defendants will agree to the continuance, but not always. The defense may want to rush the trial where the prosecutor may have a problem putting together a winning case in a short period of time.

As noted above, the judge will allow the continuance if it serves the ends of justice, so defense counsel must make a strong case that the best interests of the public and defendant weigh against the delay.

If you have been accused of a crime, hiring an experienced criminal defense attorney can help ensure your rights are protected, including as they apply to the progress of your case. Contact our criminal defense lawyer for a consultation to learn how we advocate for you.