3 ms·

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 indict

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.

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.