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Once SBF gets arrested, the clock on trying him in court begins. The "clock" varies by jurisdiction; it can be a short as 30 days or as long as 6 months, and th

Once SBF gets arrested, the clock on trying him in court begins. The "clock" varies by jurisdiction; it can be a short as 30 days or as long as 6 months, and they have to gather all of the evidence they will be using before the trial begins.[1] Once the trial has concluded, he cannot be re-tried on the same or related charges even if new evidence comes to light. Or IOW: prosecutors get one shot at the apple. They're going to wait until they have a good case and then they will prosecute him, assuming he hasn't been offed by then, and he will spend many years in prison. [1] Defendants are usually asked to waive this deadline. For less serious charges, or for non-violent felonies where the defendant isn't planning to contest the charges, this is usually a good idea because prosecutors will agree to a better plea deal. For more serious and complex cases like this, it's never a good idea to waive the deadline. The defendant doesn't want to give the prosecution more time to prepare a case because the prosecutor won't agree to a better plea deal if they do. When defendants refuse to waive their right to a speedy trial, conviction rates are usually below 50% (from a standard rate of north of 80%) as the standard criminal investigation takes much longer than the speedy-trial window.

notch656a 4y ago
He can be imprisoned on one "sacrificial" offense for which they have probable cause but don't care much about.* Then reset the clock with a superseding indictment. * Note per below the sacrificial offense would be a Bahaman offense while the superseding offense would be in US jurisdiction.
- gamblor956 4y ago
  That's not how it works, at all. A superseding indictment does not "reset" the clock. The speedy trial clock begins with the first indictment, regardless of whether there is a subsequent or superseding indictment. See e.g., U.S. v Black (2nd Cir. 2019), or US v. Young (11th Cir. 2008, available at https://caselaw.findlaw.com/us-11th-circuit/1425888.html https://caselaw.findlaw.com/us-11th-circuit/1425888.html). The Young opinion is a good primer on the history of the speedy trial case law. The following U.S. Circuits have ruled similarly to the 2nd and 11th Circuits on speedy trial rights and superseding indictments: D.C, 3rd, 5th, 7th, 8th, 9th.
  - notch656a 4y ago
    Looks like you're right, thanks. Gonna be a long time before he goes to jail then. Maybe Bahamas will charge him first to get him in jail and then US would be able to extradite as I doubt Bahaman charges would count toward US speed trial. Edit: SBF has been arrested by Bahaman authorities.
    - gamblor956 4y ago
      Maybe Bahamas will charge him first to get him in jail and then US would be able to extradite as I doubt Bahaman charges would count toward US speed trial. Edit: SBF has been arrested by Bahaman authorities. !!! That's correct, double-jeopardy applies at the jurisdictional level (meaning, double-jeopardy from a state court trial wouldn't prevent a trial at the federal level, or vice versa), so charges in the Bahamas would not trigger double-jeopardy protection against charges filed in the U.S. at the state or federal levels.
defterGoose 4y ago
| Once the trial has concluded, he cannot be re-tried on the same or related charges even if new evidence comes to light. ..thought that was the only situation in which double Jeopardy doesn't apply. Can you explain a bit? Is this condition specific to violent crimes or something? If not, seems like there should be a stronger consideration for the magnitude of harm done.
- gamblor956 4y ago
  Double-jeopardy applies once the charges have been resolved, such as when a verdict has been reached, charges dismissed with prejudice (whether voluntarily by the prosecutor or unilaterally by the judge), a plea deal has been accepted, or if the speedy trial window has passed. The last bit is why prosecutors wait to try defendants in complex cases. (Note that there is no right to speedy sentencing...any time spent in jail/prison after conviction but before sentencing is credited against the incarceration sentence.)
  - deleted 4y ago
    [deleted]

notch656a 4y ago

He can be imprisoned on one "sacrificial" offense for which they have probable cause but don't care much about.* Then reset the clock with a superseding indictment. * Note per below the sacrificial offense would be a Bahaman offense while the superseding offense would be in US jurisdiction.

gamblor956 4y ago
That's not how it works, at all. A superseding indictment does not "reset" the clock. The speedy trial clock begins with the first indictment, regardless of whether there is a subsequent or superseding indictment. See e.g., U.S. v Black (2nd Cir. 2019), or US v. Young (11th Cir. 2008, available at https://caselaw.findlaw.com/us-11th-circuit/1425888.html https://caselaw.findlaw.com/us-11th-circuit/1425888.html). The Young opinion is a good primer on the history of the speedy trial case law. The following U.S. Circuits have ruled similarly to the 2nd and 11th Circuits on speedy trial rights and superseding indictments: D.C, 3rd, 5th, 7th, 8th, 9th.
- notch656a 4y ago
  Looks like you're right, thanks. Gonna be a long time before he goes to jail then. Maybe Bahamas will charge him first to get him in jail and then US would be able to extradite as I doubt Bahaman charges would count toward US speed trial. Edit: SBF has been arrested by Bahaman authorities.
  - gamblor956 4y ago
    Maybe Bahamas will charge him first to get him in jail and then US would be able to extradite as I doubt Bahaman charges would count toward US speed trial. Edit: SBF has been arrested by Bahaman authorities. !!! That's correct, double-jeopardy applies at the jurisdictional level (meaning, double-jeopardy from a state court trial wouldn't prevent a trial at the federal level, or vice versa), so charges in the Bahamas would not trigger double-jeopardy protection against charges filed in the U.S. at the state or federal levels.

defterGoose 4y ago

| Once the trial has concluded, he cannot be re-tried on the same or related charges even if new evidence comes to light. ..thought that was the only situation in which double Jeopardy doesn't apply. Can you explain a bit? Is this condition specific to violent crimes or something? If not, seems like there should be a stronger consideration for the magnitude of harm done.

gamblor956 4y ago
Double-jeopardy applies once the charges have been resolved, such as when a verdict has been reached, charges dismissed with prejudice (whether voluntarily by the prosecutor or unilaterally by the judge), a plea deal has been accepted, or if the speedy trial window has passed. The last bit is why prosecutors wait to try defendants in complex cases. (Note that there is no right to speedy sentencing...any time spent in jail/prison after conviction but before sentencing is credited against the incarceration sentence.)
- deleted 4y ago
  [deleted]