United States v. Richardson, No. 14-1901 (7th Cir. 2015)
Annotate this CaseRichardson was arrested by Indiana police in December 2011, for domestic battery and intimidation with a deadly weapon. A same-day search of his home revealed guns, a violation of state and federal law because he had been convicted of possession of a firearm by a felon. Days later, the U.S. Attorney filed a criminal complaint and affidavit of probable cause and a detainer. A complaint that charges a felony can establish a basis for an arrest warrant and initiate or expand an investigation, but unlike an indictment or information, cannot initiate felony prosecution. A detainer merely informs the jail that a person being held is wanted on other charges, so that the jail should notify the issuing agency of the prisoner’s imminent release. The federal court issued a warrant for Richardson’s arrest, which was not executed while he remained in jail. In March 2013, he pleaded guilty and was sentenced to time served. The next day the federal warrant was executed, and he was jailed. The following month he was indicted. He moved to dismiss, citing his Sixth Amendment right to a speedy trial. The district judge denied the motion. Richardson pleaded guilty and was sentenced to 120 months in prison. The Seventh Circuit affirmed. The Supreme Court has held that the clock does not begin to tick until a defendant is indicted, arrested, or otherwise officially accused.
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