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18 U.S.C. § 3162 — Sanctions
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) If, in the case of any individual against whom a complaint is filed charging such individual with an offense, no indictment or information is filed within the time limit required by section 3161(b) as extended by section 3161(h) of this chapter, such charge against that individual contained in such complaint shall be dismissed or otherwise dropped. In determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the following factors: the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of this chapter and on the administration of justice.
(2) If a defendant is not brought to trial within the time limit required by section 3161(c) as extended by section 3161(h), the information or indictment shall be dismissed on motion of the defendant. The defendant shall have the burden of proof of supporting such motion but the Government shall have the burden of going forward with the evidence in connection with any exclusion of time under subparagraph 3161(h)(3). In determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the following factors: the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of this chapter and on the administration of justice. Failure of the defendant to move for dismissal prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to dismissal under this section.
**(b)** In any case in which counsel for the defendant or the attorney for the Government (1) knowingly allows the case to be set
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Source file: Laws/federal/codes/united-states-code/title-18/section-3162-sanctions--d83ec69bef.md
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Source location: Title 18, Chapter 208, § 3162; chapter-208-speedy-trial.md
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**(a)**
(1) If, in the case of any individual against whom a complaint is filed charging such individual with an offense, no indictment or information is filed within the time limit required by section 3161(b) as extended by section 3161(h) of this chapter, such charge against that individual contained in such complaint shall be dismissed or otherwise dropped. In determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the following factors: the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of this chapter and on the administration of justice.
(2) If a defendant is not brought to trial within the time limit required by section 3161(c) as extended by section 3161(h), the information or indictment shall be dismissed on motion of the defendant. The defendant shall have the burden of proof of supporting such motion but the Government shall have the burden of going forward with the evidence in connection with any exclusion of time under subparagraph 3161(h)(3). In determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the following factors: the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of this chapter and on the administration of justice. Failure of the defendant to move for dismissal prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to dismissal under this section.
**(b)** In any case in which counsel for the defendant or the attorney for the Government (1) knowingly allows the case to be set for trial without disclosing the fact that a necessary witness would be unavailable for trial; (2) files a motion solely for the purpose of delay which he knows is totally frivolous and without merit; (3) makes a statement for the purpose of obtaining a continuance which he knows to be false and which is material to the granting of a continuance; or (4) otherwise willfully fails to proceed to trial without justification consistent with section 3161 of this chapter, the court may punish any such counsel or attorney, as follows:
(A) in the case of an appointed defense counsel, by reducing the amount of compensation that otherwise would have been paid to such counsel pursuant to [section 3006A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006a&num=0&edition=prelim) in an amount not to exceed 25 per centum thereof;
(B) in the case of a counsel retained in connection with the defense of a defendant, by imposing on such counsel a fine of not to exceed 25 per centum of the compensation to which he is entitled in connection with his defense of such defendant;
(C) by imposing on any attorney for the Government a fine of not to exceed $250;
(D) by denying any such counsel or attorney for the Government the right to practice before the court considering such case for a period of not to exceed ninety days; or
(E) by filing a report with an appropriate disciplinary committee.
The authority to punish provided for by this subsection shall be in addition to any other authority or power available to such court.
**(c)** The court shall follow procedures established in the Federal Rules of Criminal Procedure in punishing any counsel or attorney for the Government pursuant to this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In any case involving a defendant charged with an offense, the appropriate judicial officer, at the earliest practicable time, shall, after consultation with the counsel for the defendant and the attorney for the Government, set the case for trial on a day certain, or list it for trial on a weekly or other short-term trial calendar at a place within the judicial district, so as to assure a speedy trial.
**(b)** Any information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested or served with a summons in connection with such charges. 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.
**(c)**
(1) In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy 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 date last occurs. 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.
(2) Unless the defendant consents in writing to the contrary, the trial shall not commence less than thirty days from the date on which the defendant first appears through counsel or expressly waives counsel and elects to proceed pro se.
**(d)**
(1) If any indictment or information is dismissed upon motion of the defendant, o
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The time limitation in section 3161(b) of this chapter—
(1) shall apply to all individuals who are arrested or served with a summons on or after the date of expiration of the twelve-calendar-month period following July 1, 1975; and
(2) shall commence to run on such date of expiration to all individuals who are arrested or served with a summons prior to the date of expiration of such twelve-calendar-month period, in connection with the commission of an offense, and with respect to which offense no information or indictment has been filed prior to such date of expiration.
**(b)** The time limitation in section 3161(c) of this chapter—
(1) shall apply to all offenses charged in informations or indictments filed on or after the date of expiration of the twelve-calendar-month period following July 1, 1975; and
(2) shall commence to run on such date of expiration as to all offenses charged in informations or indictments filed prior to that date.
**(c)** Subject to the provisions of section 3174(c), section 3162 of this chapter shall become effective and apply to all cases commenced by arrest or summons, and all informations or indictments filed, on or after July 1, 1980.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In the event that any district court is unable to comply with the time limits set forth in section 3161(c) due to the status of its court calendars, the chief judge, where the existing resources are being efficiently utilized, may, after seeking the recommendations of the planning group, apply to the judicial council of the circuit for a suspension of such time limits as provided in subsection (b). The judicial council of the circuit shall evaluate the capabilities of the district, the availability of visiting judges from within and without the circuit, and make any recommendations it deems appropriate to alleviate calendar congestion resulting from the lack of resources.
**(b)** If the judicial council of the circuit finds that no remedy for such congestion is reasonably available, such council may, upon application by the chief judge of a district, grant a suspension of the time limits in section 3161(c) in such district for a period of time not to exceed one year for the trial of cases for which indictments or informations are filed during such one-year period. During such period of suspension, the time limits from arrest to indictment, set forth in section 3161(b), shall not be reduced, nor shall the sanctions set forth in section 3162 be suspended; but such time limits from indictment to trial shall not be increased to exceed one hundred and eighty days. The time limits for the trial of cases of detained persons who are being detained solely because they are awaiting trial shall not be affected by the provisions of this section.
**(c)**
(1) If, prior to July 1, 1980, the chief judge of any district concludes, with the concurrence of the planning group convened in the district, that the district is prepared to implement the provisions of section 3162 in t
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Federal law — U.S. Code and appendices · legal_authorities
Page 733
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3162
subsection (c) on the date of the defendant’s sub-
sequent appearance before the court.
(2) If the defendant is absent (as defined by
subsection (h)(3)) on the day set for trial, and
the defendant’s subsequent appearance before
the court on a bench warrant or other process or
surrender to the court occurs not more than 21
days after the day set for trial, the time limit
required by subsection (c), as extended by sub-
section (h), shall be further extended by 21 days.
(Added Pub. L. 93–619, title I, § 101, Jan. 3, 1975,
88 Stat. 2076; amended Pub. L. 96–43, §§ 2–5, Aug.
2, 1979, 93 Stat. 327, 328; Pub. L. 98–473, title II,
§ 1219, Oct. 12, 1984, 98 Stat. 2167; Pub. L. 100–690,
title VI, § 6476, Nov. 18, 1988, 102 Stat. 4380; Pub.
L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat.
5117; Pub. L. 110–406, § 13, Oct. 13, 2008, 122 Stat.
4294.)
Editorial Notes
AMENDMENTS
2008—Subsec. (h)(1)(B) to (J). Pub. L. 110–406, § 13(1),
redesignated subpars. (D) to (J) as (B) to (H), respec-
tively, and struck out former subpars. (B) and (C)
which read as follows:
‘‘(B) delay resulting from any proceeding, including
any examination of the defendant, pursuant to section
2902 of title 28, United States Code;
‘‘(C) delay resulting from deferral of prosecution pur-
suant to section 2902 of title 28, United States Code;’’.
Subsec. (h)(5) to (9). Pub. L. 110–406, § 13(2), (3), redes-
ignated pars. (6) to (9) as (5) to (8), respectively, and
struck out former par. (5) which read as follows: ‘‘Any
period of delay resulting from the treatment of the de-
fendant pursuant to section 2902 of title 28, United
States Code.’’
1988—Subsec. (k). Pub. L. 100–690 added subsec. (k).
1984—Subsec. (h)(8)(C). Pub. L. 98–473
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