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18 U.S.C. § 5036

Section 5036 · Speedy trial

Amended 2 times on record

Applied in 61 court decisions — leading case United States v. Baker (1993)

Most recently applied in United States v. D. B. (March 2023)

How often courts cite this section

1948196019802000202350ch. 645enacted · 1948 · ch. 64593-415amended · 1974 · 93-415United States v. Bakerleading · 1993 · United States v. Baker
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Editorial notes U.S. Code · Office of the Law Revision Counsel

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.

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.

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