{"id":76,"date":"2026-07-22T02:52:07","date_gmt":"2026-07-22T02:52:07","guid":{"rendered":"https:\/\/fedlaws.org\/?p=76"},"modified":"2026-07-22T02:52:07","modified_gmt":"2026-07-22T02:52:07","slug":"18-usc-3161-speedy-trial-deadlines-pauses-and-waivers","status":"publish","type":"post","link":"https:\/\/fedlaws.org\/?p=76","title":{"rendered":"18 USC 3161: Speedy Trial Deadlines, Pauses, and Waivers"},"content":{"rendered":"

Under the federal Speedy Trial Act, the government has 30 days from arrest or service of a summons to file an indictment or information, and then 70 days from that filing (or the defendant’s first appearance in the trial court, whichever is later) to actually start the trial.1<\/a><\/sup>Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions<\/a><\/span> Those are the two headline numbers. Everything else in the statute is either an exception that stops the clock, a floor that keeps the trial from starting too soon, or a rule about what happens when the deadlines are missed.<\/p>\n

The 30-Day Charging Deadline<\/h2>\n

Once you’re arrested on federal charges or served with a summons, prosecutors have 30 days to file a formal indictment or information.1<\/a><\/sup>Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions<\/a><\/span> The purpose is to stop the government from arresting someone and then sitting on the case.<\/p>\n

There is one built-in extension. If you’re charged with a felony in a district where no grand jury was in session during the 30 days, the window stretches to 60. Grand juries don’t sit continuously everywhere, and the extra time prevents a scheduling quirk from forcing prosecutors to drop otherwise-timely charges.<\/p>\n

The 70-Day Trial Deadline<\/h2>\n

After the indictment or information is filed, the trial must begin within 70 days. The clock starts on the later of two dates: the day the indictment is filed and made public, or the day you first appear before a judge in the court where the case is pending. When a grand jury has already indicted, the initial appearance usually comes second, so that appearance date is typically the one that controls.<\/p>\n

The Act also imposes a floor. Unless you agree in writing otherwise, trial cannot begin less than 30 days from your first appearance with counsel or from your formal waiver of counsel. So in a typical case the trial window opens at day 30 and closes at day 70.<\/p>\n

If charges are dismissed and later refiled based on the same conduct, a fresh 30-day and 70-day clock starts on the new filing. But when the government itself moves to dismiss and then recharges, the gap between dismissal and refiling counts against the clock.1<\/a><\/sup>Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions<\/a><\/span> That prevents prosecutors from using dismissal-and-refile as a reset button.<\/p>\n

What Pauses the Clock<\/h2>\n

The 70-day figure sounds strict, but the Act carves out a long list of delays that don’t count. These excludable periods are where most speedy trial disputes actually get decided, because they routinely stretch a case well past 70 calendar days without any violation.<\/p>\n

The most common exclusions cover proceedings tied to the defendant’s case:1<\/a><\/sup>Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions<\/a><\/span><\/p>\n