18 U.S.C. § 5036: Speedy trial

Summary

If a youth in detention isn't tried within 30 days, youth can ask or court can order that the charges be dismissed. Attorney General can stop dismissal by showing youth or lawyer caused or agreed to the delay, or that delay is needed for justice; court congestion doesn't count. Except in extraordinary cases, dismissed charges generally can't be brought again.

Title 18, §5036

Crimes and Criminal Procedure, Source: USLM XML via OLRC

If an alleged delinquent who is in detention pending trial is not brought to trial within thirty days from the date upon which such detention was begun, the information shall be dismissed on motion of the alleged delinquent or at the direction of the court, unless the Attorney General shows that additional delay was caused by the juvenile or his counsel, or consented to by the juvenile and his counsel, or would be in the interest of justice in the particular case. Delays attributable solely to court calendar congestion may not be considered in the interest of justice. Except in extraordinary circumstances, an information dismissed under this section may not be reinstituted.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 926 (June 16, 1938, ch. 486, § 6, 52 Stat. 766). The words “foster homes” were inserted to remove any doubt as to the authority to commit to such foster homes in accordance with past and present administrative practice.

Editorial Notes

Amendments

1974—Pub. L. 93–415 amended section generally, substituting “Speedy trial” for “Contracts for support; payment” in section catchline, and substituting provisions relating to dismissal of information due to delay, for provisions relating to contracts with public or private agencies for custody and care of juvenile delinquents.

Statutory Notes and Related Subsidiaries

Repeals

Pub. L. 93–415, title V, § 506, Sept. 7, 1974, 88 Stat. 1136, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.

§5036 Speedy Trial