18-U.S.C.-5036

18-U.S.C.-5036

§5036 – Speedy Trial

Pathway

Title 18 > Part IV > Chapter 403 > Section 5036

Details

  • Reference: Section 5036
  • Legend: §5036 – Speedy Trial
  • USCode Year: 2013

Provision Content

If an alleged delinquent who is in detention pending trial is not brought to trial within thirty days from the date upon which such detention was begun, the information shall be dismissed on motion of the alleged delinquent or at the direction of the court, unless the Attorney General shows that additional delay was caused by the juvenile or his counsel, or consented to by the juvenile and his counsel, or would be in the interest of justice in the particular case. Delays attributable solely to court calendar congestion may not be considered in the interest of justice. Except in extraordinary circumstances, an information dismissed under this section may not be reinstituted.

(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 93–415, title V, §506, Sept. 7, 1974, 88 Stat. 1136.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §926 (June 16, 1938, ch. 486, §6, 52 Stat. 766).

The words foster homes were inserted to remove any doubt as to the authority to commit to such foster homes in accordance with past and present administrative practice.

Codification

Another section 506 of title V of Pub. L. 93–415, as added by Pub. L. 102–586, §5(a), Nov. 4, 1992, 106 Stat. 5029, was classified to section 5785 of Title 42, The Public Health and Welfare, prior to the general amendment of that title V by Pub. L. 107–273.

Amendments

1974—Pub. L. 93–415 amended section generally, substituting Speedy trial for Contracts for support; payment in section catchline, and substituting provisions relating to dismissal of information due to delay, for provisions relating to contracts with public or private agencies for custody and care of juvenile delinquents.

U.S. Encyclopedia of Law Coverage

18-U.S.C.-4321 in the Legal Encyclopedia: Criminal Law

In this entry about 18-U.S.C.-4321, find legal reference material, bibliographies and premiere content related to criminal law in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal law-specific issues, written by authorities in the field.

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