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Speedy Trial Act
The Speedy Trial Act of 1974 (88 Stat. 2080, as amended August 2, 1979, 93 Stat. 328, 〔(Title 18, Chapter 208 of the United States Code ) from the Legal Information Institute〕), establishes time limits for completing the various stages of a federal criminal prosecution.
==Procedural time limits==
The Act establishes time limits for completing the various stages of a federal criminal prosecution. The information or indictment must be filed within 30 days from the date of arrest or service of the summons.〔.〕 Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later.〔.〕
Moreover, in order to ensure that defendants are not rushed to trial without an adequate opportunity to prepare, Congress amended the Act in 1979 to provide a minimum time period during which trial may not commence.〔Speedy Trial Act Amendments of 1979, Pub. L. No. 96-43, Section 3, 93 Stat. 327.〕 Thus, the Act provides that trial may not begin less than 30 days from the date the defendant first appears in court, unless the defendant agrees in writing to an earlier date.〔.〕 In ''United States v. Rojas-Contreras'', 474 U.S. 231 (1985), the Supreme Court held that this 30-day trial preparation period is not restarted upon the filing of a substantially similar superseding indictment.
If the indictment is dismissed at the defendant's request, the Act's provisions apply anew upon reinstatement of the charge.〔.〕 If the indictment is dismissed at the request of the government, the 70-day clock is tolled during the period when no indictment is outstanding, and begins to run again upon the filing of the second indictment.〔.〕 If trial ends in a mistrial, or the court grants a motion for a new trial, the second trial must begin within 70 days "from the date the action occasioning the retrial becomes final."〔.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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