Jurisdiction

Time for Trial Provision

Excluded Periods

Remedy for Violation

Alabama

No time for trial statute or court rule.

Alaska

Alaska Rules of Criminal Procedure 45 provides for trial within 120 days of service of the charging document upon the defendant.

• delay resulting from other proceedings concerning the defendant, including pre-trial motions

• delay resulting from an adjournment or continuance granted at the timely request or with the consent of the defendant and the defendant's counsel.

• delay resulting from a continuance granted at the timely request of the prosecution, if the continuance is due to unavailability of evidence material to the state's case, or to allow for adequate preparation of an extremely complex felony case

• delay resulting from the absence or unavailability of the defendant

• delay when the defendant is joined for trial with a codefendant as to whom the time for trial has not run and there is good cause for not granting a severance

• delay resulting from detention of the defendant in another jurisdiction provided the prosecuting attorney has been diligent and has made reasonable efforts to obtain the presence of the defendant for trial .

• other periods of delay for good cause

Dismissal with prejudice.

Arizona

Arizona Criminal Procedure Rules 8.1 through 8.7 establish that trial should begin within 150 days of arrest or service of summons. For people incarcerated pending trial, trial should begin within 120 days from the date of the person's initial appearance before a magistrate on the complaint, indictment or information, or within 90 days from the date of the person's arraignment before the trial court, whichever is the lesser. For defendants who have been released from custody, trial should beg in within 120 days from the date of the person's initial appearance before a magistrate on the complaint, indictment or information, or within 90 days from the date of the person's arraignment before the trial court, whichever is the greater.

• Delays occasioned by or on behalf of the defendant

• Delays resulting from a remand for new probable cause determination

• Delays necessitated by congestion of the trial calendar

• Delays resulting from continuances

• Delays resulting from joinder for trial with another defendant as to whom the time limits have not run when there is good cause for denying severance.

Dismissal with or without prejudice.

Arkansas

Arkansas Rule of Criminal Procedure 28 provides that trial must occur within 9 months of the filing of charges for someone who is detained pending trial and within 12 months for everyone else.

• delay resulting from other proceedings concerning the defendant, including pre-trial motions

• delay resulting from a continuance attributable to congestion of the trial docket

• delay resulting from a continuance granted at the request of the defendant or his counsel

• delay resulting from a continuance (calculated from the date the continuance is granted until the subsequent date contained in the order or docket entry granting the continuance) granted at the request of the prosecuting attorney due to unavailability of material evidence or exceptional complexity of a felony case

• delay resulting from the absence or unavailability of the defendant

• time between a dismissal or nolle prosequi upon motion of the prosecuting attorney for good cause shown, and the time the charge is later filed for the same offense or an offense required to be joined with that offense

• reasonable period of delay when the defendant is joined for trial with a codefendant as to whom the time for trial has not run and there is good cause for not granting a severance

• other periods of delay for good cause.

Dismissal with prejudice of charges.

California

California Penal Code 1049.5 provides for a trial in a felony case within 60 days of arraignment. California Penal code 1382 requires felony cases to be tried within 60 days, and misdemeanor cases within 30 days of arraignment if the defendant is detained pending trial and 45 days if the defendant is released pending trial.

• waivers by the defendant

• continuances granted by the court

Dismissal of charges, or release of defendant on personal recognizance, or continuances.

Colorado

Colorado Revised Statute (C.R.S.) 18-1-405 and Criminal Procedural Rule 48 both mandate trial within 6 months of entry of not guilty plea.

• any period during which the defendant is incompetent to stand trial, etc.

• delay caused by an interlocutory appeal whether commenced by the defendant or by the prosecution

• joint trials with co-defendants

• absence or unavailability of the defendant

• delay caused by any mistrial

• any delay caused at the instance of the defendant

• up to 6 months from continuances granted at the request of the prosecuting attorney over the objection of the defendant to obtain unavailable evidence or to prepare for exceptionally complex felony cases

• delay between the new date set for trial following the expiration of the time periods excluded by above, not to exceed three months

• delay caused by a motion to change venue

Dismissal of charges with prejudice.

Connecticut

Two statutes, Title 54, ch. 96, §§ 54-82l and 54-82m, direct superior courts to adopt rules which provide for trial within 12 months for people released pending trial and 8 months for people detained pending trial.

• Delay caused by the defendant.
• Defendant's inability to stand trial.

If the defendant files a motion claiming a violation of the speedy trial period, trial must commence within 30 days of the motion or the charges shall be dismissed.

Delaware

No time for trial statute or court rule.

Florida

Florida Rules of Criminal Procedure 3.191 provides for trial within 90 days of being charged with a misdemeanor and within 175 days of being charged with a felony.

A defendant may demand a trial within 60 days.

• continuances requested by the accused

• time spent on pretrial motions, other trials involving the accused, appeals by the state, and examinations to determine the competency of the defendant

• unavailable accused

• unexpected illness or incapacity, or unforeseeable and unavoidable absence of counsel or witness

• extremely complex case

• prosecution evidence or testimony not available despite diligent efforts to secure it

• unanticipated developments that will materially affect the trial

• major delay or disruption of preparation of proceedings cause by the accused, including preventing the attendance of witnesses

Dismissal with prejudice if the state cannot begin trial within 10 days of the hearing upon the defendant's "Notice of Expiration of Speedy Trial Time."

Georgia

Georgia Code § 17-7-171 requires that capital defendants must be tried no later than the second trial term following indictment if the defendant makes a demand for speedy trial. Georgia Code § 17-7-170 requires that all other defendants must be tried no later than the first trial term following indictment if the defendant makes a demand for speedy trial.

Dismissal of charges with prejudice.

Hawaii

Hawaii Rules of Penal Procedure Rule 48 mandates that trial commence within 180 days from the day of arrest or indictment.

• delay caused by collateral or other proceedings concerning the defendant, including pretrial motions

• delay caused by congestion of the trial docket when the congestion is attributable to exceptional circumstances

• delay caused by a continuance granted at the request or with the consent of the defendant or defendant's counsel

• delay caused by a continuance granted at the request of the prosecutor for unavailability of material evidence or exceptionally complex case

• delay the commencement of trial and are caused by the absence or unavailability of the defendant

• period between a dismissal of the charge by the prosecutor to the time of arrest or filing of a new charge, whichever is sooner, for the same offense, or an offense required to be joined with that offense

• joinder with codefendant

• other periods of delay for good cause

Dismissal with or without prejudice at the court's discretion.

Idaho

Idaho Statute § 19-3501 requires that trial start within 6 months of the filing of the information or indictment with the court or, in the case of misdemeanors, from entry of the plea of not guilty.

Period may be continued for cause.

Dismissal with prejudice if a misdemeanor. Dismissal without prejudice if a felony.

Illinois

725 Illinois Compiled Statutes 5/103-1 requires trial to occur within 120 days of when a defendant is taken into custody and held pending trial. A defendant who is released pending trial shall be tried within 160 days from the date the defendant demands trial.

• competency determinations

• interlocutory appeals

• waivers by defendant

• continuances for DNA testing or for the State to obtain evidence material to the case

• time spent on other trials

• delay occasioned by the defendant

Release on own recognizance or dismissal of charges with prejudice.

Indiana

Supreme Court Criminal Rule 4 generally provides for trial within 180 days of arraignment. A failure to meet this deadline will result in the release of the defendant on his own recognizance pending trial.

A defendant who is detained prior to trial may, however, request an early trial. A properly filed request will result in a trial within 70 days of the motion. Failure to meet this deadline results in the defendant's discharge.

A defendant who is not in custody must be brought to trial within 365 days or he is "discharged."

• continuance on the defendant's motion

• delay caused by the defendant's act

• congestion of the court calendar

Release on own recognizance or "discharge" of the defendant. Court may deny a motion for discharge if the prosecution can bring the matter to trial in the next 90 days.

Iowa

Iowa Rule of Criminal Procedure 2.33 requires that trial be within 90 days after indictment is found if the defendant has not waived his right to a speedy trial. In all other criminal cases, the defendant must be brought to trial within one year after his initial arraignment.

• extensions granted for good cause

Dismissal with prejudice if the charge is a simple or serious misdemeanor. Dismissal without prejudice if the offense charged is a felony or an aggravated misdemeanor.

Kansas

Kansas Statute No. 22-3402 mandates trial within 90 days of arraignment for individuals who are detained pending trial and 180 days for individuals who are released pending trial.

• continuances requested by the defendant

• delays caused by the defendant

• periods during which the defendant is incompetent to stand trial

• proceedings to determine the defendant's competency to stand trial

• to collect material evidence which is currently unavailable but should be obtainable within 90 days

• court congestion (up to 30 days)

Dismissal of charges with prejudice.

Kentucky

Kentucky Rules of Criminal Procedure Rule 9.02 requires that the trials of all persons in custody under arrest shall be held as promptly as possible.

Louisiana

Code of Criminal Procedure Article 701 requires an indictment or information to be filed within 45 days of arrest if the defendant is being held for a misdemeanor and 60 days of arrest if defendant is being held for a felony. If the defendant is not held in custody after arrest, then the time periods are 90 days from booking for a misdemeanor and 150 days for a felony. An arraignment must generally be held within 30 days of the filing of the information or indictment.

A defendant has the option to file a motion for speedy trial. The motion must be accompanied by an affidavit of counsel certifying that the defendant and his counsel are ready to try the case within the following time periods:

For felonies - 120 days if in custody and 180 days if out of custody. For misdemeanors - 30 days if in custody and 60 days if not in custody.

"Just cause" allows for delay. "Just cause" is defined as "any grounds beyond the control of the State or the Court."

Case law supports that crowded trial calendar can constitute just cause. See State v. Gale, 526 So.2d 861 (La. App. 1988).

Reconsideration of bail obligation or release on personal recognizance.

Maine

Rules of Criminal Procedure 48 allows the court to dismiss an information if there is an unnecessary delay in bringing a defendant to trial.

Dismissal with or without prejudice.

Maryland

Statute and corresponding court rule require that, with some exceptions, all circuit court cases be tried in 180 days from the earlier of the appearance of counsel or the defendant on the circuit court level.

• Waiver by defendant

• "good cause" finding

• large number of demands for jury trials

Dismissal with prejudice.

Massachusetts

Massachusetts Rules of Criminal Procedure 36 mandates that a defendant shall be tried within 12 months after the return day in the court in which the case is awaiting trial.

• delay resulting from an examination of the defendant and hearings on his mental competency or physical incapacity

• stay of proceedings for treatment of defendant

• interlocutory appeals

• trial on another charge

• hearings on pretrial motions

• transfer of cases to other divisions or counties

• periods, not exceed thirty days, during which any proceeding concerning the defendant is actually under advisement

• absence or unavailability of defendant or an essential witness

• defendant's incompetency or incapacity

• period between dismissal of charge and refiling of charge

• joinder of case with co-defendant

• continuance granted by court

• period between when defendant agrees to plead guilty and judge accepts or rejects plea agreement

• period between when a defendant enters a guilty plea and a judge allows the defendant to withdraw the plea

Dismissal of charges with prejudice.

Michigan

Michigan Court Rule 6.004 provides that trial for someone who is detained for a felony must begin within 180 days, and within 28 days for someone who is detained for a misdemeanor.

• periods of delay resulting from other proceedings concerning the defendant,

• delay during which the defendant is not competent to stand trial,

• delay resulting from an adjournment requested or consented to by the defendant's lawyer,

• delay resulting from an adjournment request by the prosecutor due to the unavailability of material evidence or exceptional circumstances justifying the need for more time to prepare the state's case,

• delay when the defendant is joined for trial with a codefendant as to whom the time for trial has not run

• any other periods of delay that in the court's judgment are justified by good cause, but not including delay caused by docket congestion.

Release on personal recognizance.

Minnesota

Minnesota Rules of Criminal Procedure Rule 11.10 provides for a trial within 60 days upon the demand of the defendant or prosecutor.

If trial is not commenced within 120 days from the demand, the defendant shall be released, except in exigent circumstances, with such nonmonetary conditions as the court may impose.

Mississippi

Mississippi Code § 99-17-01 mandates that trial must begin within 270 days of arraignment.

• continuances granted for good cause

Dismissal of charges with prejudice if defendant's ability to defend against charge has been prejudiced and the state deliberately engaged in oppressive conduct. Otherwise, dismissal of charges without prejudice. See. e.g., Johnson v. State, 666 So.2d 784 (Miss. 1995).

Missouri

Missouri Revised Statutes § 545.780 requires that trial in a case in which a defendant indicates he is ready shall be set as soon as possible.

Missouri Revised Statutes § 217.460 requires that trial in a case involving an incarcerated prisoner must begin within 180 days after the prisoner files a certificate requesting a speedy trial.

• continuances granted for good cause

Dismissal with prejudice, but only if the defendant's constitutional right to a speedy trial is violated.

Dismissal with prejudice of actions pending against prisoners who invoked § 217.460.

Montana

Montana Code Annotated § 46-13-401 requires all misdemeanor offenses to be tried within 6 months of the entry of plea.

• continuances requested by the defendant

Dismissal of misdemeanor charges with prejudice.

Nebraska

Nebraska Statute § 29-1207 mandates that trial must begin within 6 months of the return of the indictment or the filing of the information.

• other proceedings involving the defendant, including all pretrial motions filed by the defendant

• continuances granted at the request of the defendant or with the defendant's consent

• State continuances if to obtain unavailable evidence or to prepare an exceptionally difficult case

• defendant's absence or unavailability

• to keep co-defendants' cases joined

• other periods that the trial court deems to constitute "good cause"

Dismissal of charges with prejudice if defendant makes a timely motion for discharge.

Nevada

Nevada Revised Statutes 174.511 provides that the State has a right to a trial in a felony matter within 60 days of arraignment.

Nevada Revised Statutes 178.556 provides that misdemeanants must be tried within 60 days of arraignment.

• defendant needs more time to prepare

• court congestion

Trial judge has the discretion to dismiss charges in the case of misdemeanants. Such a dismissal is with prejudice.

New Hampshire

No time for trial court rule or statute.

New Jersey

Rules Governing Criminal Practice Rule 3:25-2 allows a defendant who has been detained for 90 days to demand a date certain for trial.

Release on personal recognizance or such other actions as the interest of justice requires.

New Mexico

Rules of Criminal Procedure for the District Courts Rule 5-604 requires felony trials to begin within 6 months of arraignment, arrest, the grant of a new trial, or a finding of competency to stand trial.

A number of rules governing courts of limited jurisdiction requires trials in misdemeanor cases to begin within 182 days of the arrest or the filing of charges.

• continuances granted for good cause by the trial court or by the New Mexico Supreme Court

Dismissal of charges with prejudice.

New York

New York Criminal Procedure Law § 30.30 requires that the prosecution must declare readiness to go to trial within 6 months of the commencement of a criminal action wherein a defendant is accused of one or more offenses, at least one of which is a felony; or 90 days of the commencement of a criminal action wherein a defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of more than three months and none of which is a felony; or 60 days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of not more than three months and none of which is a crime punishable by a sentence of imprisonment of more than three months; or 30 days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a violation and none of which is a crime.

• delay resulting from other proceedings concerning the defendant

• delay resulting from a continuance granted by the

  court at the request of, or with the consent of, the

  defendant or his counsel

• delay resulting from the absence or unavailability

  of the defendant

• delay when the defendant is joined for trial with a co-defendant as to whom the time for trial pursuant to this section has not run and good cause is not shown for granting a severance

• delay resulting from detention of the defendant in another jurisdiction

• the period during which the defendant is without counsel through no fault of the court

• other periods of delay occasioned by exceptional circumstances, including but not limited to, the period of delay resulting from a continuance granted at the request of a district attorney

• the period during which an action has been adjourned in contemplation of dismissal

• the period prior to the defendant's actual appearance for arraignment

• the period during which a family offense is before a family court until such time as an accusatory instrument or indictment is filed against the defendant alleging a crime constituting a family offense, as such term is defined in section 530.11 of this chapter.

Release on own recognizance or dismissal of charges.

North Carolina

North Carolina General Statutes §§ 15A-701 through 15A-710 which contained the time for trial provisions were repealed by Session Laws 1989, ch. 688, § 1. No current court rule or statute deals with time for trial.

North Dakota

North Dakota Century Code § 29-12-02 provides for a speedy trial to begin within 90 days of a party's request for a speedy trial. The request must be made by the state or the defendant within fourteen days of the arraignment.

• Good cause.

Ohio

Ohio Revised Code §§ 2945.71 through 2945.73 provides that a defendant charged with a felony who is released pending trial must be tried within 270 days of arrest. A defendant who is detained pending trial must be brought to trial within 90 days. Shorter time periods are established for misdemeanors.

• unavailability of the accused

• mental or physical disability of defendant

• lack of counsel for accused

• delay occasioned by the neglect or improper act of the accused;

• delay necessitated by reason of a plea in bar or abatement, motion, proceeding, or action made or instituted by the accused;

• delay necessitated by a removal or change of venue pursuant to law;

• period during which trial is stayed pursuant to an express statutory requirement, or pursuant to an order of another court competent to issue such order;

• continuance granted on the accused's own motion, and the period of any reasonable continuance granted other than upon the accused's own motion;

• any period during which an appeal filed pursuant to section 2945.67 of the Revised Code is pending.

Dismissal with prejudice.

Oklahoma

22 O.S. § 812.1 provides for trial within 12 months of arrest for people detained pending trial, and 18 months for people released pending trial.

• application of the accused or an attorney on behalf of the accused,

• fault of the accused or the attorney for the accused,

• incompetency of the accused

• unavailable material evidence or witness that is likely to become available

• codefendant or coconspirator's separate trial

• court congestion

• illness of the judge, prosecutor, defense attorney, or accused

• other reasonable grounds

Dismissal without prejudice.

Oregon

Oregon Revised Statute Section 135.747 requires trial within a reasonable period of time.

Oregon Revised Statutes Section 136.290 and 136.295generally requires trial to start within 60 days of arrest for individuals who are detained pending trial.

• time spent determining the defendant's competency

• victim or witness has not yet recovered from injuries inflicted by defendant

• victim/witness unavailability

• defense counsel has scheduling conflicts or needs more time to prepare

• scientific evidence still being tested

• late notice of affirmative defense

• insanity or diminished capacity defense

Dismissal with prejudice for certain minor misdemeanors, and without prejudice for more serious misdemeanors and felonies.

An incarcerated defendant may be released pending trial.

Pennsylvania

Rules of Criminal Procedure Rule 600 requires trial to start within 180 days of the filing of the criminal complaint if the defendant is in custody pending trial and 365 days if the defendant is released pending trial.

• the period of time between the filing of the written complaint and the defendant's arrest, provided that the defendant could not be apprehended because his or her whereabouts were unknown and could not be determined by due diligence;

• any period of time for which the defendant expressly waives Rule 600;

• such period of delay at any stage of the proceedings as results from: (a) the unavailability of the defendant or the defendant's attorney; (b) any continuance granted at the request of the defendant or the defendant's attorney

Release on nominal bail pending trial. Dismissal of charges if the prosecution did not exercise due diligence.

Rhode Island

Rhode Island General Laws § 12-13-7 provides that trial should begin within 6 months of arraignment for individuals who are detained pending trial for a felony.

• unavailability of a state's witness

Release on personal recognizance.

South Carolina

South Carolina Code of Laws § 17-23-90 provides for trial within two terms of making a demand in open court.

Failure to indict and try within two terms results in the release of the defendant.

South Dakota

SDCL 23A-44-5.1 requires every person charged to be brought to trial within 180 days of their first court appearance.

• delay resulting from other proceedings concerning the defendant

• continuance granted at the request or with the consent of the defendant or his counsel provided it is approved by the court

• delay resulting from a continuance granted by the court at the request of the prosecuting attorney if the continuance is granted because of the unavailability of evidence material to the state's case, when the prosecuting attorney has exercised due diligence to obtain such evidence and there are reasonable grounds to believe that such evidence will be available at the later date and provided a written order is filed;

• delay resulting from the absence or unavailability of the defendant;

• delay to keep codefendants joined for trial

• other periods of delay if the court finds that they are for good cause

Dismissal with prejudice.

Tennessee

Criminal Rule of Procedure 48(b) allows a court to dismiss charges if there "is unnecessary delay in bringing defendant to trial."

Dismissal of charges with prejudice. See, e.g., State v. Benn, 713 S.W.2d 308 (Tenn. 1986)..

Texas

Texas Code of Criminal Procedure 32A.02 was struck down as a violation of separation of powers in Meshell v. State, 739 S.W.2d 246, 255 (Tex. Crim. App. 1987).

Utah

Utah Rules of Criminal Procedure Rule 25 authorizes dismissal of charges for an unreasonable or unconstitutional delay in bringing defendant to trial.

Dismissal with prejudice for constitutional violation. Dismissal without prejudice for "unreasonable delay."

Vermont

Vermont Rules of Criminal Procedure Rule 48 and Supreme Court Administrative Order 17 require that the prosecution be ready to begin trial within 90 days after arraignment for individuals who are detained pending trial, and 6 months after arrest in other cases.

• continuances for good cause

• delay attributable to the defendant

Dismissal of charges with or without prejudice.

Virginia

Virginia Code § 19.2-243 requires trial on a felony charge to begin within 5 months of the probable cause determination, the return of the indictment, or the defendant's arrest, if the defendant is incarcerated pending trial, and 9 months if the defendant is released pending trial.

• defendant's insanity or confinement in a hospital for care and observation

• absence of the Commonwealth's witnesses due to enticement, or being kept away, or prevented from attending by sickness or accident;

• severance of co-defendants

• continuance requested by the defendant

• continuance requested by the Commonwealth to which the defendant did not assert a timely objection

• defendant's escape from jail or failure to appear according to his recognizance

• inability of the jury to agree upon the verdict

• interlocutory appeals

Dismissal of charges with prejudice.

West Virginia

West Virginia Code § 62-3-1 requires a defendant to be tried within the same term as the return of the indictment.

• defendant's insanity

• witnesses for the state being enticed or kept away, or prevented from attending by sickness or inevitable accident

• continuance granted on the motion of the accused

• defendant's escaping from jail, or failing to appear according to his recognizance

• the inability of the jury to agree in their verdict

Dismissal with prejudice if three regular terms of court have passed since the return of the indictment without trial.

Wisconsin

Rule 971.10 requires trial to begin within 60 days of first appearance in misdemeanors and within 90 days of the filing of a written demand for trial in felony cases.

• continuances when the "ends of justice served by the granting of the continuance outweigh the best interests of the public and the defendant in a speedy trial"

• interlocutory appeals, see State ex rel. Rabe v. Ferris, 97 Wis. 2d 63, 293 N.W.2d 151 (1980).

Discharge from custody.

Wyoming

Wyoming Rule of Criminal Procedure Rule 48 requires trial to begin within 180 days of arraignment.

• unavailability of the defendant

• continuances to allow the State to obtain necessary evidence

• proceedings related to the mental illness or deficiency of the defendant

• proceedings on another charge

• time between the dismissal and the refiling of the same charge

• delay occasioned by defendant's change of counsel or application therefore

• continuances granted on the defendant's motion

Dismissal without prejudice unless the defendant made a written demand for a speedy trial or can demonstrate prejudice from the delay.

United States

Speedy Trial Act, 18 U.S.C.§ 3161 et seq. provides for a 30 day period between arrest and the filing of an indictment and 70 days between the filing of the indictment and trial.

• delay resulting from any proceeding, including any examinations, to determine the mental competency or physical capacity of the defendant;

• delay resulting from any proceeding, including any examination of the defendant, pursuant to section 2902 of title 28, United States Code;

• delay resulting from deferral of prosecution pursuant to section 2902 of title 28, United States Code;

• delay resulting from trial with respect to other charges against the defendant;

• delay resulting from any interlocutory appeal;

• delay resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, such motion;

• delay resulting from any proceeding relating to the transfer of a case or the removal of any defendant from another district under the Federal Rules of Criminal Procedure;

• delay resulting from transportation of any defendant

  from another district, or to and from places of

  examination or hospitalization;

• delay resulting from consideration by the court of a proposed plea agreement to be entered into by the defendant and the attorney for the Government;

• delay reasonably attributable to any period, not to exceed thirty days, during which any proceeding concerning the defendant is actually under advisement by the court.

• delay during which prosecution is deferred by the attorney for the Government pursuant to written agreement with the defendant, with the approval of the court, for the purpose of allowing the defendant to demonstrate his good conduct.

• delay resulting from the absence or unavailability of the defendant or an essential witness.

• delay resulting from the fact that the defendant is mentally incompetent or physically unable to stand trial.

• delay resulting from the treatment of the defendant pursuant to section 2902 of title 28, United States Code.

• delay when the defendant is joined for trial with a codefendant as to whom the time for trial has not run and no motion for severance has been granted.

• delay resulting from a continuance granted by any judge on his own motion or at the request of the defendant or his counsel or at the request of the attorney for the Government, if the judge granted such continuance on the basis of his findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.

Dismissal with or without prejudice. Sanctions against the prosecutor.