§3162 Sanctions

Summary

If charges are not filed in time under section 3161(b), as extended by section 3161(h), the complaint must be dismissed or dropped. When deciding whether the dismissal bars a new prosecution, the court must look at the seriousness of the offense, the facts and reasons for the dismissal, and how reprosecuting would affect the justice system. If a defendant is not brought to trial in time under section 3161(c), as extended by section 3161(h), the defendant can move to have the indictment or information dismissed. The defendant must prove the motion, but the Government must present evidence when time is excluded under section 3161(h)(3). If the defendant waits until after trial or a guilty or nolo contendere plea, the right to ask for dismissal is waived. If a lawyer knowingly sets a trial with an unavailable necessary witness, files a motion only to delay and knows it is frivolous, lies to get a continuance, or willfully fails to go to trial without a valid reason under section 3161, the court may punish that lawyer. Punishments may include cutting pay for appointed defense counsel up to 25% under section 3006A, fining retained defense counsel up to 25% of their fee, fining a Government attorney up to $250, barring a lawyer from practicing before the court for up to 90 days, or reporting the lawyer to a disciplinary committee. The court must use the Federal Rules of Criminal Procedure when carrying out these punishments.