Federal law says a trial must begin within 70 days of the indictment or the defendant’s first court appearance, whichever comes later. In practice, that clock rarely runs straight through. So how long does it take to go to trial after an indictment? For a simple case, a few months. For anything involving multiple defendants, heavy discovery, or serious pretrial motions, a year or more is common. And roughly 90 percent of federal criminal cases end in a guilty plea, so most defendants never see a trial date arrive at all.
The 70-Day Statutory Deadline
The Speedy Trial Act of 1974 sets the federal deadline. Once the indictment is filed and made public, the government has 70 days to bring the case to trial, measured from the indictment date or the date the defendant first appears before a judge, whichever happens last.1Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions A defendant arrested weeks after the indictment sees the 70 days begin only at that first appearance.
The Act also protects defendants from being rushed. A trial cannot start less than 30 days after the defendant first appears with an attorney (or waives the right to one), unless the defendant agrees in writing to a shorter window.1Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions That creates a practical window between day 30 and day 70 in the simplest cases.
State courts run on their own speedy trial rules, and the timelines vary. Everything below describes the federal system.
What Pauses the Clock
The 70-day limit sounds strict, but the Act carves out a long list of delays that don’t count against it. These excludable periods are the main reason federal cases take far longer than 70 days to reach trial. The most common categories:
- Pretrial motions. From the moment a motion is filed through the court’s ruling, the entire stretch is excluded. Both sides often file several, and this category alone can add months.
- Plea negotiations. Time the court spends considering a proposed plea agreement doesn’t count against the 70 days.
- Interlocutory appeals. If either side appeals a pretrial ruling to a higher court, the clock stops until the appeal is resolved.
- Mental competency evaluations. Time spent examining whether the defendant is competent to stand trial is excluded.
- Unavailability. If the defendant or an essential witness cannot be located or is otherwise unavailable, that time is excluded.
- Codefendant delays. When multiple defendants are tried together and one codefendant’s clock still has time remaining, the court can exclude that delay for everyone.
- “Ends of justice” continuances. A judge can grant additional time when the interests of justice outweigh the public’s and the defendant’s interest in a prompt trial. These are common in complex cases.
The cumulative effect is significant. A fraud case with extensive financial records, several codefendants, and a dozen pretrial motions can easily stretch well beyond a year on the calendar even while remaining compliant with the Act.1Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions
What Fills the Time Between Indictment and Trial
Arraignment
The arraignment is the defendant’s first formal court appearance on the indictment. The judge confirms the defendant has a copy of the charges, reads or summarizes them, and takes a plea of guilty, not guilty, or no contest.2Legal Information Institute. Federal Rules of Criminal Procedure Rule 10 – Arraignment Defendants in custody are typically arraigned within a day or two. Those not in custody may wait a week or two for the hearing to be scheduled.
Discovery
After arraignment, both sides begin exchanging evidence. Under the Federal Rules, the government must let the defense inspect the defendant’s own statements to law enforcement, documents and physical evidence the prosecution plans to use at trial or that are material to preparing the defense, and the results of any scientific tests or expert examinations.3Legal Information Institute. Federal Rules of Criminal Procedure Rule 16 – Discovery and Inspection The defense has reciprocal obligations for documents, expert reports, and certain defenses it plans to use.
The prosecution also has a constitutional duty under Brady v. Maryland to turn over evidence favorable to the defendant that is material to guilt or punishment, even without a specific request.4Justia. Brady v. Maryland, 373 U.S. 83 (1963) Discovery is where many cases bog down, especially when evidence runs to thousands of pages of financial records or electronic files. Disputes over what must be turned over often generate their own round of motions.
Pretrial Motions
While discovery runs, both sides file motions asking the court to resolve legal issues before trial. Certain motions must be raised before trial or they are waived: motions to suppress evidence from an allegedly illegal search, motions challenging defects in the indictment, motions to sever charges or codefendants into separate trials, and motions seeking additional discovery.5Legal Information Institute. Federal Rules of Criminal Procedure Rule 12 – Pleadings and Pretrial Motions Each motion requires briefing, sometimes oral argument, and a ruling, all of which takes time and pauses the speedy trial clock.
Plea Bargaining
Negotiations run parallel to everything else and can happen at any stage. Since roughly 90 percent of federal convictions come from guilty pleas rather than trials, plea bargaining is often the main event. Time spent while the court considers a proposed plea agreement is excluded from the 70-day clock, so extended negotiations don’t create a speedy trial problem.1Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions
Detention or Release While You Wait
Whether the wait happens in jail or at home is often the most pressing question. Under the Bail Reform Act, a federal judge must decide at the defendant’s first appearance whether to release or detain them pending trial. The options run from least to most restrictive:
- Personal recognizance. Release with no financial condition, based on the defendant’s promise to appear.
- Conditions of release. Travel restrictions, electronic monitoring, curfews, drug testing, passport surrender, or other conditions designed to ensure appearance and community safety.
- Detention. If no conditions can reasonably assure appearance or safety, the judge orders pretrial detention.
The court weighs the nature of the charges, the strength of the evidence, the defendant’s ties to the community, criminal history, and whether the defendant poses a flight risk or danger.6Office of the Law Revision Counsel. 18 USC 3142 – Release or Detention of a Defendant Pending Trial For certain serious offenses, drug crimes carrying 10 or more years, crimes of violence, and offenses involving firearms, there is a rebuttable presumption that no release conditions will suffice, making detention the starting point.
A detained defendant who waives speedy trial rights so their attorney can prepare more thoroughly is trading freedom now for a potentially better outcome later. That’s one of the hardest decisions in criminal defense.
How the Trial Date Gets Set
Federal judges can hold one or more pretrial conferences to manage the case and move it toward a fair and efficient trial.7Legal Information Institute. Federal Rules of Criminal Procedure Rule 17.1 – Pretrial Conference The trial date is typically set during one of these conferences, after the major discovery disputes and pretrial motions have been resolved or are close to it. The judge asks both attorneys about their readiness, checks the court’s calendar, and picks a date or trial window.
Status conferences may occur periodically to check progress on discovery, address scheduling, and sometimes push plea discussions along. In busy districts, courtroom availability alone can move a trial date out by weeks or months. Cases with detained defendants generally take priority, which can bump other cases further down the calendar.
What Commonly Stretches the Timeline
Case complexity is the biggest driver. A single-defendant drug case with a handful of witnesses and straightforward evidence can realistically reach trial within a few months. A multi-defendant conspiracy, white-collar fraud, or racketeering case involving thousands of documents, forensic accounting, and cooperating witnesses will take far longer, often a year or more, because no one can prepare responsibly in less time.
Defendant-driven delays are just as common. Defense attorneys frequently ask for continuances to investigate the government’s evidence, retain experts, interview witnesses, or pursue plea negotiations. When a defendant waives speedy trial rights for these purposes, the clock stops and stays stopped until the defendant reasserts the right. More preparation time can mean a better defense or a better plea offer.
Codefendant complications add another layer. When multiple defendants are joined in a single case, one codefendant’s motion practice or plea negotiations can delay the entire group. A defendant who wants a fast trial but is joined with a codefendant whose attorney needs six more months may need to seek a severance to avoid the wait.
Court congestion is the factor nobody controls. Federal judges carry heavy caseloads, and trial dates compete with other proceedings.
The Constitutional Right as a Separate Backstop
Apart from the Speedy Trial Act, the Sixth Amendment guarantees every defendant “the right to a speedy and public trial.”8Constitution Annotated. Amdt6.2.1 Overview of Right to a Speedy Trial This right is broader and vaguer than the statute. It has no fixed day count. Courts evaluate constitutional speedy trial claims using a four-factor balancing test from Barker v. Wingo: the length of the delay, the reason for it, whether the defendant asserted the right, and any prejudice to the defense, such as lost evidence or faded witness memories.9Justia. Barker v. Wingo, 407 U.S. 514 (1972) In most federal cases, the Act’s hard numbers give more protection than the constitutional test, which requires a case-by-case weighing.
What Happens If the Deadline Is Missed
If the government fails to bring a defendant to trial within the 70-day statutory window (after all excludable time), the defendant can move to dismiss the indictment. The court must grant the dismissal but decides whether it is with or without prejudice, meaning whether the government can refile. Three factors guide that decision: the seriousness of the offense, the circumstances that caused the delay, and the impact of reprosecution on the justice system.10Office of the Law Revision Counsel. 18 USC 3162 – Sanctions Dismissal with prejudice ends the case permanently. Without prejudice, prosecutors can start over.
Important catch. A defendant who does not move for dismissal before trial begins or before entering a guilty plea waives the right entirely.10Office of the Law Revision Counsel. 18 USC 3162 – Sanctions The court will not raise it on its own. If the clock has run and no one objects, the trial simply proceeds.
For a constitutional violation under the Sixth Amendment, the remedy is more severe: dismissal of the charges is the only option under Strunk v. United States. But proving a constitutional violation is harder than showing a statutory one, because it means satisfying the Barker balancing test rather than counting days on a calendar.