Federal Speedy Trial Attorney

The United States Constitution guarantees criminal defendants a right to a speedy trial. What does that actually mean in practice? In a recent case, the U.S. Court of Appeals for the Fourth Circuit reversed a conviction where the speedy trial rights of a federal criminal defendant were violated.

 Do you or your loved one in federal court need to raise a speedy trial claim? If so, contact the experienced federal attorneys at Newland Legal at (303) 948-1489 to discuss your speedy trial rights today.

The speedy trial case was United States v. Velasquez, No. 20-4514, 2022 WL 14278481 (4th Cir. Oct. 25, 2022). If you have a speedy trial issue, you deserve the best federal criminal lawyers who are up to date with current developments in speedy trial cases in federal court.

What is the federal Speedy Trial Act?

The federal Speedy Trial Act requires that a federal criminal defendant’s trial start “within seventy days from the filing date…of the…indictment, or from the date the defendant has appeared before a judicial officer of the court in which  such charge is pending, whichever date last occurs.” 18 U.S.C. § 3161(c)(1).

If this 70-day period runs and the defendant moves to dismiss the charges on the federal Speedy Trial grounds before trial, then the charges “shall be dismissed.” Id. § 3162(a)(2); United States v. Mosteller, 741 F.3d 503, 506 (4th Cir. 2014). Dismissal is mandatory under the federal Speedy Trial Act in these circumstances. However, the Speedy Trial Act has a lot of exemptions for periods of delay that are excluded from counting the 70-day time within which a trial must start. See 18 U.S.C. § 3161(h)(7).

Speedy Trial Act Exceptions: Ends of Justice

At issue in the Velasquez case was the so-called “ends-of-justice” exclusion. That exception applies when a district court finds “that the ends of justice served by the granting of [a] continuance outweigh the best interests of the public and the defendant in a speedy trial,” it can exclude that period from the Speedy Trial computation. § 3161(h)(7)(A).”United States v. Velasquez, No. 20-4514, 2022 WL 14278481, at *1 (4th Cir. Oct. 25, 2022).

This is one of the most commonly used “exceptions” to the Speedy Trial Act deadlines in federal court. The Velasquez case is important to read if you want to know how and why a federal court can try to get around these seemingly strict timetables in your federal case.

Indictment, appearance, and continuances

Velasquez was indicted in August of 2018. His initial appearance took place shortly afterwards, but he was not arraigned until July 22, 2019, at which time he pleaded guilty to some of the charges but not guilty to some other ones. At the July 22nd hearing the district court asked the parties about trial dates. The prosecutor said that the parties were working on trial dates, but that they would probably end up trying to get a December 2019 trial date. The prosecutor said that both sides would reach out to the case manager for dates. The district court was fine with this.

Immediately after the arraignment hearing, the district court entered a short order saying that “speedy trial computation excluded by the court.” The court did not specify how long the continuance for trial would last or any particular basis for the Speedy Trial delay. Typically, a trial court would specify 1) the length of the continuance and 2) the reason for the federal Speedy Trial Act delay at the time the continuance was granted. That did not happen for Mr. Velasquez.

The trial court eventually scheduled the trial for February 25, 2020, before the trial was continued to May 2020 due to the original defense attorney withdrawing for a conflict of interest. Prior to trial, the defendant moved to dismiss the indictment under the Speedy Trial Act. He argued that two separate continuances of 108-days and 110-days were both enough to warrant dismissal of the indictment.

The trial court denied the motion. Defense counsel argued that the defendant’s attorney had not sought the continuance from July 22, 2019 until November 17, 2019, so there was no proper basis for excluding that time under the Speedy Trial Act. Velasquez was convicted and appealed.

Ends-of-Justice Speedy Trial Act Analysis

The Fourth Circuit Court of Appeals remarked that there are both procedural and substantive requirements to invoke the ends-of-justice exceptions under the Speedy Trial Act. Only the procedural requirements were at issue in the Velasquez case.

According to the Fourth Circuit, the Speedy Trial Act requires the district court to “set[ ] forth, in the record of the case, either orally or in writing, its reasons for finding” that an ends-of-justice continuance is proper. § 3161(h)(7)(A). A district court’s failure to make these findings is always harmful error. Thus, if a violation occurred, “the delay must be counted” in the defendant’s Speedy Trial computation. United States v. Henry, 538 F.3d 300, 304 (4th Cir. 2008).

 In Velasquez, the district court erred by failing to show that it balanced the ends-of-justice factors at the same time when it entered its July 22, 2019, minute order granting the continuance. The record of the hearing showed that the trial court was worried about the congestion on its docket: there were too many cases set for trial already. The continuance was not granted for defense counsel to prepare for trial.

 The Court of Appeals reversed the district court. The defendant’s convictions were vacated (overturned) and the case was sent back for resentencing on the counts that the defendant pleaded guilty to committing.

What does the Speedy Trial Act mean for you?

In the time of COVID-19, federal courts are incredibly backlogged. Many federal criminal cases are now sitting for years before going to trial. This is often not appropriate and it is up to your federal criminal defense attorney to object. You need a top federal criminal attorney who knows the Speedy Trial Act ins and outs to make sure you are able to timely fight your case.

The attorneys at Newland Legal are experienced federal criminal defense attorneys who are not afraid to fight in any federal courtroom across the United States. Contact the experienced and battle-tested federal criminal attorneys of Newland Legal today at (303) 948-1489 or by email to zach@newlandlegal.com to discuss your case immediately.