18 U.S.C. § 3162 : US Code - Section 3162: Sanctions

Search 18 U.S.C. § 3162 : US Code - Section 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.