Answered by Christopher Combs in General Criminal Defense on October 02, 2024.

How Long Will My Criminal Case Last? When facing criminal charges, one of the most common questions people have is, “How long will my criminal case last?” Unfortunately, there is no one-size-fits-all answer. Criminal cases can range from being resolved in a matter of weeks to taking several months—or even years—depending on various factors. The length of time depends on the complexity of the case, the charges involved, the court’s schedule, and whether or not the case goes to trial. Here, we’ll explore the key elements that affect the duration of a criminal case and what you can expect during each stage of the process.

If you’ve been accused of or charged with a crime, contact the experienced criminal defense lawyers of Combs Waterkotte for the best possible resolution to your case. You can contact us online or call (314) 900-HELP for a free case review.

Key Factors that Affect the Length of a Criminal Case

Several factors play a role in determining how long your criminal case may last:

  • Type of Charges: The severity of the charges can significantly influence the case timeline. Misdemeanors are generally resolved quicker than felony charges, which are often zealously prosecuted and defended due to the severity of the possible punishments.
  • Court Schedule and Caseload: Courts often have busy dockets, and depending on the jurisdiction, delays may occur due to overbooking or scheduling conflicts. The availability of judges, prosecutors, and courtrooms can extend the process.
  • Pretrial Motions and Hearings: The pretrial phase can involve numerous motions, such as motions to suppress evidence or dismiss charges, which can add time to the case. Each motion requires its own hearing, further extending the timeline.
  • Discovery Process: The time it takes for both the defense and prosecution to gather and exchange evidence is known as discovery. If there is a significant amount of evidence, such as witness statements, video footage, or forensic analysis, the discovery phase can lengthen the case.
  • Plea Negotiations: In many criminal cases, the defense and prosecution may attempt to reach a plea agreement. Depending on the complexity of the negotiations, this process can take weeks or months.
  • Going to Trial: If a case goes to trial, the timeline becomes longer. Trials require jury selection, witness testimonies, and legal arguments, which can take several days or weeks, depending on the case. Additionally, the availability of all parties involved can delay the trial start date.

The General Timeline of a Criminal Case

While every criminal case is unique, the process tends to follow a fairly standard timeline with specific stages. Understanding the steps involved in each phase of your case will help you anticipate what comes next and how long each stage might take.

  • Arrest and Charges

    The timeline begins when a person is arrested and formally charged with a crime. Depending on the jurisdiction and the severity of the crime, this stage can happen very quickly, often within hours or days.

  • Arraignment

    After an arrest, the next step is the arraignment. During this hearing, the charges against the defendant are formally read, and the defendant enters a plea of guilty, not guilty, or no contest. The timing of the arraignment depends on how quickly the prosecutor files charges but usually happens within a few days to a week after arrest.

  • Pretrial Phase

    This phase includes discovery, plea negotiations, and any pretrial motions. The pretrial phase can be lengthy, particularly if the case is complex or if there are motions to suppress evidence or dismiss charges. In simple cases, this phase may only last a few weeks, but in more complicated cases, it can take months.

  • Trial

    If a plea agreement isn’t reached, the case proceeds to trial. The trial itself may last a few days or several weeks, depending on the complexity of the case, the number of witnesses, and the type of evidence being presented.

  • Sentencing

    If the defendant is convicted, sentencing may occur immediately or at a later hearing, depending on the type of crime and the sentencing procedures of the court. For minor offenses, sentencing is often swift, while more serious cases may require a separate sentencing hearing.

Each case is different, and various factors will affect how quickly or slowly these stages progress. Discussing your specific case with your attorney is the best way to get an accurate estimate of your timeline.

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