I was appalled to hear that defense attorneys have been consenting to sixty-day adjournments, at the government’s request, before an indictment against a defendant is filed. If the defendant is cooperating, then the adjournment is justified. But what advantage does a defendant who is not cooperating get from these delays? None. After being indicted, defendants should obtain their discovery and review the evidence the government may use against them. This puts the government under pressure to meet deadlines that may contribute to a good plea offer.
So do not let these delays occur. Being indicted does not affect your ability to plead. A federal judge is not bound by Government recommendations, so even if the prosecutor is miffed that you have not consented to the adjournment, a judge will not penalize you for it. Delaying a case does not help the defendant. It only benefits the Government. It can keep evidence under wraps and allows the government to continue its investigation without any interruption by the defendant. This gives the government more time and increases the chances that a co-defendant will cooperate or a co-defendant will be arrested and cooperate. A weak case can get stronger and usually does with the passage of time. The only thing a prosecutor responds to is pressure.
Upon his retirement, a United States Attorney from Miami told reporters that the thing that surprised him most was that defense attorneys did not take advantage of the 70-day rule by which the Government had to bring a defendant to trial. Every time defense attorneys agree to an adjournment, they let the prosecutor off the hook. The U.S. Attorney was surprised at how often this took place. He was right.