§ 3162. — Sanctions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3162]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 208--SPEEDY TRIAL
Sec. 3162. Sanctions
(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.
The authority to punish provided for by this subsection shall be in
addition to any other authority or power available to such court.
(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.
(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat. 2079.)
Section Referred to in Other Sections
This section is referred to in sections 3161, 3163, 3174 of this
title.
