Georgia Criminal Lawyer Blog

The Speedy Trial Act, Title 18 U.S.C. Section 3161, et. seq., requires that a criminal defendant be tried within 70 days of indictment or the defendant’s first appearance in court, whichever is later.  Subsection (h) provides for numerous periods of “excludable time.”

In Bloate v. United States (08-728) The Supreme Court held that the time granted to prepare pretrial motions is not automatically excludable from the 70-day limit under subsection (h)(1).  Instead, such time may be excluded only when a district court grants a continuance based on appropriate findings under subsection (h)(7).  Subsection (h)(7) provides that delays “resulting from a continuance granted by any judge” may be excluded, but only if the judge finds that “the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial” and records those findings.

Speedy Trial

The Speedy Trial Act, 18 U.S.C. 3161, et. seq.