§3162 Sanctions

Summary

If a complaint is filed but no indictment or information is filed within the time limits in section 3161(b), as extended by section 3161(h), the charge must be dismissed or dropped. 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 must prove the motion, and the Government must present evidence when time is excluded under 3161(h)(3). Before deciding whether the dismissal is with or without prejudice, the court must consider how serious the offense is, the facts that led to the dismissal, and how reprosecuting would affect the administration of this chapter and the administration of justice. If the defendant does not move to dismiss before trial or before entering a guilty or nolo contendere plea, the right to dismissal is waived. If a lawyer (defense or Government) knowingly creates delay—by hiding a needed witness, filing a frivolous motion just to delay, lying to get a continuance, or willfully refusing to proceed to trial—the court can punish that lawyer. For appointed defense counsel the court may cut pay under section 3006A by up to 25%. For retained defense counsel the court may fine up to 25% of the lawyer’s fee. For a Government lawyer the court may fine up to $250. The court may also suspend a lawyer from practicing before that court for up to 90 days or send a report to a disciplinary committee. These punishments are in addition to other court powers, and the court must follow the Federal Rules of Criminal Procedure when imposing them.