Criminal DefensepdfFederal

Motion to Dismiss for Speedy Trial Violation

Motion arguing that the government violated the defendant's Sixth Amendment right to a speedy trial or the Speedy Trial Act's 70-day requirement.

PDF TemplateUse the instructions below to complete this form

Instructions

Calculate the elapsed time from indictment to trial, excluding excludable delays (continuances, competency evaluations, interlocutory appeals) under the Speedy Trial Act, 18 U.S.C. 3161. For constitutional speedy trial claims, analyze the Barker v. Wingo factors: length of delay, reason for the delay, defendant's assertion of the right, and prejudice to the defendant. If the Act is violated, the remedy is dismissal (with or without prejudice).