Pursuant to Federal Rule of Criminal Procedure 17.1, Federal Judges have the authority to schedule Pretrial or Status Conferences in order to set forth the trial guidelines for his or her particular courtroom. Additionally, these conferences serve as an opportunity for the Federal Criminal Defense Attorney and the AUSA to discuss discovery, motions dates, potential continuances and interest in plea negotiations. Due to the Speedy Trial Act of 1974, 18 United States Code Section 3161 et seq., a federal criminal defendant is entitled to be brought to trial within 70 days of either his first appearance in federal court or when the accused was originally charged with the offense, whichever is later. If the Federal Defense Attorney and the AUSA elect to waive this 70-day requirement and continue the trial for a later date, they may do so only if a stipulation is filed with the court and the federal judge approves the stipulation. When a continuance of the trial date is granted, the accused is said to have “excluded time,” because they have chosen to forego the 70-day trial guarantee they are entitled to pursuant to the Speedy Trial Act.
