Title 18 — Crimes and Criminal ProcedureRelease 119-73not60

§3162 Sanctions

Title 18 › Part II— CRIMINAL PROCEDURE › Chapter 208— SPEEDY TRIAL › § 3162

Last updated Apr 5, 2026|Official source

Summary

If prosecutors do not file an indictment or information within the time limit set in section 3161(b) as extended by section 3161(h), the charge must be dismissed. If a defendant is not brought to trial within the time limit in section 3161(c) as extended by section 3161(h), the defendant can move to dismiss. The defendant has the burden to support that motion, but the Government must present evidence about any time that was properly excluded under 3161(h)(3). The judge will decide whether the case is dismissed in a way that stops a new prosecution or not. In making that choice, the judge will consider how serious the offense is, the reasons the case is being dismissed, and how retrying the case would affect the courts and justice. If the defendant waits until after trial or pleads guilty or no contest, they waive the right to seek dismissal. If a defense lawyer or a government lawyer knowingly misleads the court — for example, sets a trial knowing a needed witness will be absent, files motions just to delay, lies to get more time, or willfully refuses to go to trial without good reason — the court may punish them. Possible punishments include cutting appointed defense pay by up to 25%, fining a retained defense lawyer up to 25% of their fee, fining a government lawyer up to $250, banning that lawyer from practicing before the court for up to 90 days, or sending a report to a disciplinary committee. The court must follow the Federal Rules of Criminal Procedure when punishing government lawyers.

Full Legal Text

Title 18, §3162

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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 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.

(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.

Reference

Citations & Metadata

Citation

18 U.S.C. § 3162

Title 18 — Crimes and Criminal Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60