The length of time it takes to resolve a criminal case in California can vary from a few months to several years, depending on several factors, such as the specific type of charges. Misdemeanor cases are typically resolved within a few months, while felony cases can take six months to over one year.
Also, the complexity of the legal issues and the number of defendants will normally impact the length of the case. If the case proceeds to trial, the timeline can substantially increase.
Notably, most felony trials last about one week but can take much longer. Suppose an appeal is filed. In that case, it could take several years to complete.
In the State of California, everyone has the right to a speedy trial for misdemeanor charges. Still, most people waive this right to mount a good defense. The criminal investigative and court process is often complex, making it crucial to have effective legal representation at each stage.
Simply put, the entire process, from the time of arrest on probable cause that you committed a crime to the beginning of a trial, can take several months to several years, depending on a number of factors, such as whether you're being charged with a misdemeanor or felony offense.
After you are arrested, police officers will write a report and gather evidence against you. Next, the case will proceed to the proper prosecuting agency. Typically, the City Attorney's Office handles misdemeanors, while the District Attorney's Office handles felonies.
Suppose formal charges are filed against you. In that case, you'll have your first formal court proceeding in the criminal law process, called the "arraignment."
At this hearing, you will be informed of the specific charges filed against you, enter a plea, and the court can set bail or release you on your own recognizance (OR).
Misdemeanor and Felony Arraignments
In California, an arraignment hearing is the first formal court proceeding in the criminal case process. It occurs after an arrest. This is where the court will:
- Advise the defendant of their Constitutional rights.
- Told of the charges filed against them.
- Give a defendant an opportunity to enter a plea.
- Set, modify, reinstate, or exonerate the defendant's bail.
Suppose you're charged with a misdemeanor in California. In that case, your arraignment will occur either 48 hours after your arrest if you are being held in custody or about ten days later if you are released. Under California Penal Code 1382 PC, you have the right to go to trial within 30 to 45 days of your arraignment.
This is known as the right to a "speedy trial" under both the Sixth Amendment to the U.S. Constitution and Article I, Section 15 of the California Constitution. This right ensures that your case doesn't linger in the legal system indefinitely.
Suppose you're charged with a felony offense. In that case, your arraignment will be either 48 hours after your arrest or several months later. You have the legal right to go to trial within 60 days of your arraignment for a felony offense.
Notably, a defendant can waive their Sixth Amendment right to a speedy trial if their criminal defense attorney needs more time to:
- Collect evidence,
- Interview witnesses,
- Prepare testimony,
- Conduct legal research.
Before the trial phase, misdemeanors will have the chance to settle the case. Felonies will go through pretrial conferences and preliminary hearings to address any outstanding issues or to negotiate a settlement with the prosecutor to resolve the case before litigation.
If your case then proceeds to trial, the evidence can be evaluated by 12 jurors who will determine if you're guilty beyond any reasonable doubt. Suppose you are convicted, or if you plead guilty or no contest through a plea bargain, you'll then face sentencing by the judge.
What are the Speedy Trial Rights?
California Penal Code 1382 PC, Dismissal of the Action for Want of Prosecution or Otherwise, says, "(a) The court unless good cause to the contrary is shown, shall order the action to be dismissed in the following cases:
(1) When a person has been held to answer for a public offense, and information is not filed against that person within 15 days.
(2) In a felony case, when a defendant is not brought to trial within 60 days of the defendant's arraignment on an indictment or information, or reinstatement of criminal proceedings pursuant to Chapter 6 of Title 10 of Part 2, or, in case the cause is to be tried again following a mistrial, an order granting a new trial from which an appeal is not taken, or an appeal from the superior court, within 60 days after the mistrial has been declared, after entry of the order granting the new trial, or after the filing of the remittitur in the trial court, or after the issuance of a writ or order which, in effect, grants a new trial, within 60 days after notice of the writ or order is filed in the trial court and served upon the prosecuting attorney, or within 90 days after notice of the writ or order is filed in the trial court and served upon the prosecuting attorney in any case where the district attorney chooses to resubmit the case for a preliminary examination after an appeal or the issuance of a writ reversing a judgment of conviction upon a plea of guilty prior to a preliminary hearing.
However, an action shall not be dismissed under this paragraph if either of the following circumstances exists…."
California law provides specific timelines for when a criminal trial should take place, such as the following:
- Misdemeanors: You have the right to have your trial commence within 45 days of your arraignment if you are not in custody and within 30 days if you are in custody.
- Felonies. You have the right to have your trial commence within 60 days of your arraignment, regardless of whether you are in custody or out on bail.
It should be noted that while the right to a speedy trial is an important protection, demanding a trial within statutory deadlines is not always in your best interest.
Your California defense attorney might advise you to waive this right as part of a strategic decision that gives your attorney more time to strengthen your defense. For example, they might be able to negotiate a favorable plea deal with the prosecution.
Typical Stages of a Criminal Case
To understand how long a California criminal case could take, let's examine the typical stages involved, each with its timeline and factors that can either speed up or slow down the case:
- The first step after an arrest is booking, which involves taking your personal information, fingerprints, and photographs. This process takes a few hours to a few days.
- At an arraignment hearing, the charges against you are read, and you enter a plea, such as guilty, not guilty, or no contest. If you are in custody, this typically happens within 48 hours of your arrest. If you are not in custody, you will be notified to appear in court on a certain date, typically within 10 days to a month of when charges were filed.
- Pretrial proceedings normally include motions to dismiss, motions to suppress evidence, and discovery. This phase is usually the longest part of the process and can take from a few months to over a year. This stage offers a chance for plea negotiations, which might resolve the case without a trial.
- In felony cases, a preliminary hearing is held to determine whether there is sufficient evidence to proceed to trial. This step is usually within 10 days of arraignment for defendants in custody or within 60 days for people not in custody. Notably, delays are common when more time is needed to prepare. If the judge finds probable cause, the case will proceed to trial.
- If the case proceeds to a trial, there is jury selection, opening statements, presenting evidence, closing arguments, and jury deliberation. Misdemeanor trials typically take a few days to a week. Felony trials can take several weeks or even months, depending on the type of case.
- Suppose you are found guilty of the crime charged. In that case, the judge will schedule a sentencing hearing, which typically occurs within a few weeks but can be delayed if a probation report is required.
Notably, most criminal cases in California never proceed to a trial phase; rather, they are resolved through plea bargains, or the charges are dismissed. For more information, contact our California criminal defense attorneys, Cron, Israels & Stark, based in Los Angeles.
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