What Is The Federal Speedy Trial Act? How Long Will My Case Take?

The Federal Speedy Trial Act has specific limits on the time that certain things have to happen in a federal case before the case moves forward to the next step. This is in distinction to state cases which oftentimes may take a year, or sometimes two years or more depending on the case. At the federal level, the process is required to move very quickly from arrest to the next phase, which would be an indictment that has to occur within 30 days. An indictment is the grand jury having a case presented to them by the prosecutors in secret. During the indictment, they will determine whether there is probable cause that the defendant committed the offense. The indictment has to occur within 30 days. In a state case, an indictment would occur within six months of the arrest. If it doesn’t occur within six months, then there would be cause for dismissal. But, for a federal case, it has to occur within 30 days.

After the indictment occurs, the trial in the case must start within 70 days after the indictment is returned, unless there are continuances from either side that are agreed to by the judge for good cause. The process moves quickly in regard to federal cases, and it is a reason why attorneys will require to be paid the entire fee upfront because there is not going to be the time in a federal case for a payment plan, and it is also more assuredly that you are going to prison.

What Can I Expect If I Am Charged With A Federal Drug Crime And Am Offered A Plea Deal?

If you are charged with a federal drug crime, a plea deal will depend on the amount of drugs that you or other people involved are caught with. There may be certain mandatory minimums that apply. If you are involved in a conspiracy, you can be charged under Section 18 USC 846 [Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.]. Section 18 USC 846 is a conspiracy to commit drug crime. In that instance, you will be held liable for all of the other conduct, and all of the other people in the conspiracy. Even if you did not touch the drugs yourself, you could be held liable for that conduct, and that would trigger, in certain circumstances, a mandatory minimum. The benefit of having a plea agreement is that it allows you to plead to a 0-20 year offense, referring to 18 USC 841 B1C [(C) In the case of a controlled substance in schedule I or II, gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000), or 1 gram of flunitrazepam, except as provided in subparagraphs (A), (B), and (D), such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 18, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this subparagraph which provide for a mandatory term of imprisonment if death or serious bodily injury results, nor shall a person so sentenced be eligible for parole during the term of such a sentence.], which has an allowance for no mandatory minimum. The mandatory minimums come under section B1A [(A)In the case of a violation of subsection (a) of this section involving—

(i)1 kilogram or more of a mixture or substance containing a detectable amount of heroin;

(ii)5 kilograms or more of a mixture or substance containing a detectable amount of—

(I)coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

(II)cocaine, its salts, optical and geometric isomers, and salts of isomers;

(III)ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

(IV)any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);

(iii)280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;

(iv)100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);

(v)10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);

(vi)400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [ 1- ( 2-phenylethyl ) -4-piperidinyl ] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;

(vii)1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight; or

(viii)50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers;

such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $10,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $20,000,000 if the defendant is an individual or $75,000,000 if the defendant is other than an individual, or both. If any person commits a violation of this subparagraph or of section 849, 859, 860, or 861 of this title after 2 or more prior convictions for a serious drug felony or serious violent felony have become final, such person shall be sentenced to a term of imprisonment of not less than 25 years and fined in accordance with the preceding sentence. Notwithstanding section 3583 of title 18, any sentence under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein.] and B1B [(B)In the case of a violation of subsection (a) of this section involving—

(i)100 grams or more of a mixture or substance containing a detectable amount of heroin;

(ii)500 grams or more of a mixture or substance containing a detectable amount of—

(I)coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

(II)cocaine, its salts, optical and geometric isomers, and salts of isomers;

(III)ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

(IV)any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);

(iii)28 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;

(iv)10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);

(v)1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);

(vi)40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [ 1- ( 2-phenylethyl ) -4-piperidinyl ] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;

(vii)100 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight; or

(viii)5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers;

such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $5,000,000 if the defendant is an individual or $25,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment which may not be less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $8,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 18, any sentence imposed under this subparagraph shall, in the absence of such a prior conviction, include a term of supervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of supervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein.].

But for B1C, there is no minimum, and that means that you could be subject to 0-20 years. If you are subject to 0-20 years, it allows them to institute sentencing guidelines at that point. If there is a mandatory minimum, it trumps the sentencing guidelines, and the mandatory minimum is what that applies. By virtue of entering into this agreement, you can have your sentence determined based upon the sentencing guidelines. The sentencing guidelines would involve a calculation based upon your criminal history points and the offense level for the relevant conduct. The relevant conduct is what you specifically did in the conspiracy. Typically, the prosecutors will want you to cooperate if they are going to allow you to get a 0-20 plea.

While most people involved in a federal investigation, especially one involving a conspiracy, will say that they are not cooperating with the government, in my experience, 80% to 90% of federal defendants are in fact cooperating on some level and debriefing with agents or detectives. They are also talking with prosecutors about other potential people involved in the case, and about other potential criminal activity. If you want to take advantage of a deal, it may be necessary to cooperate and engage with the prosecutors. In a 0-20 offense, the main value is not having a mandatory minimum, and it is something you wouldn’t typically be able to have access to unless you get the agreement upfront.

For more information on Impact Of Federal Speedy Trial Act, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 478-9898 today.