Federal Criminal Trials: Procedure, Speedy Trial, and Burdens

The Speedy Trial Act

18 U.S.C. § 3161 requires trial to commence within seventy days of the indictment or first appearance, whichever is later, subject to statutory exclusions for motions, continuances, and other delays. The exclusions mean the running clock, rather than the calendar, controls the trial date.

The trial sequence

The trial proceeds through jury selection, opening statements, the government's case, the defense case, closing arguments, instructions, and jury deliberations. Evidentiary objections are governed by the Federal Rules of Evidence, and pretrial motions frame what the jury will hear.

The burden of proof

The defendant is presumed innocent. The government must prove guilt beyond a reasonable doubt on each element; a verdict of acquittal on any count bars retrial on that count.

Primary sources

• 18 U.S.C. § 3161 — text of the statute or rule as published by law.cornell.edu (law.cornell.edu). Verbatim: “In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs”
• Federal Rules of Criminal Procedure — text of the statute or rule as published by uscourts.gov (uscourts.gov). Verbatim: “The Federal Rules of Criminal Procedure govern criminal proceedings and prosecutions in the U.S. district courts, the courts of appeals, and the Supreme Court.”

Sources listed above were accessed and verified on August 20, 2026. Statutes and rules are quoted from the linked primary pages as published on that date. Information on this site is general in nature and is not legal advice.

Related reference pages

• Federal Criminal Defense: An Overview of Statutes and Process
• Federal Criminal Investigations: Warrants, Subpoenas, and False Statements
• Conspiracy Charges Under 18 U.S.C. § 371
• Federal Drug Crime Prosecutions: Statutes and Process
• Federal Fraud Offenses: Mail Fraud, Wire Fraud, and Related Statutes
• White-Collar Prosecutions: Statutes and Investigative Patterns
• Federal Sentencing: Guidelines, the Presentence Report, and 18 U.S.C. § 3553(a)
• Plea Agreements in Federal Court: Rule 11 Procedure
• Pretrial Motions in Federal Criminal Cases: Rule 12