This is a good question. I get asked it a lot when I meet with clients, and you can't really give a specific answer because it depends on a number of different factors. First, is it a felony or a misdemeanor?

In my experience, felonies usually take longer to resolve than misdemeanor cases. In fact, many of the misdemeanor courts in Los Angeles County have a 90-day rule, meaning the courts themselves have said, "This case is not going to last any longer than ninety days from the date that it is filed."

So, you could take the case to trial.  You can plea bargain.  You can try to get it dismissed, whatever you want to do.  But when that 90-day date comes up, they start to put pressure on the attorneys to get rid of the case.

Now, it's interesting because there's no Evidence Code or Penal Code section that says the case has to be resolved within ninety days. There are just rights that defendants and the People of the State of California have, including the right to a speedy trial.

So, the courts are likely trying to play off that to make the argument that the case needs to be resolved within ninety days. Really, what they're trying to do is deal with congestion in the courts, where if they have too many cases, they slowly become unable to do anything because of all the different matters that they have.

Preliminary Hearing Setting Within 60 Days

As far as felonies go, you can really move a case along quickly if you want as a criminal defense attorney because you can set the case for a preliminary hearing right away, and then after the preliminary hearing, you can set the case for trial within about sixty days.

So, again, that ninety days is pretty darn close to how fast you could if you wanted to, get a felony dealt with.  So, people say, why do I hear that these cases have taken a year or two years, and some cases do take that long, but there's going to be a reason that these cases are taking a year or two years, and it usually has to do with a bunch of paperwork that needs to be obtained.

In addition to paperwork, there is video tape and things that the defense needs to acquire in order to properly defend the case. Sometimes, DNA is pending, and that can take a long time.

I would say, on average, most misdemeanor cases are going to be dealt with within sixty to ninety days. Most felony cases will be dealt with within two to six months, again, depending on the type of case, how sophisticated it is, and if it's a good defense strategy, the case can take some time. Obviously, a defense attorney who knows what they're doing is going to know how to get the time they need in order to defend the case properly.

It's crucial to have a conversation with your attorney about the case strategy.  Sometimes, there are reasons or incentives to expedite the case, while other times, a longer timeline might be more beneficial. Your attorney will be able to explain the strategy and the reasons behind it, ensuring that you're fully informed and involved in the process.

Custody Status

Another factor that really drives how long a case might take, in my opinion, is a situation where the defendant is just sitting in custody while the case is going on.  In that scenario, most defendants want to get their cases dealt with, especially if they have a chance to get out of custody once the case is dealt with.

On the other hand, if they're not going to get out of custody, then it doesn't make as much difference. Sometimes, people are going to get some time on their case, so the fact that they have to sit in custody for two or three months isn't going to matter much because they're going to get credit for that time they're just sitting in custody.

So, this is something you definitely want to talk to your attorney about, and you really need to rely on your attorney. Sometimes, your attorney will have a strategy and want the case to take some time, or they're trying to do something in the case to get you the best result, and they need time.

Sometimes, you find yourself in a situation where you're trying to meet with a particular prosecutor to resolve the case. If that's the scenario, then you may need to wait and be patient and continue the case a few times while you try to get yourself or yourself angled up with that prosecutor.

Developing a Strategy With Your Defense Lawyer

You'll have to leave that to your defense attorney and let them make the decision, but you are certainly entitled to sit down with the attorney and tell them you're concerned about the case and want to get it over with. It's weighing on me. How long is it going to take?

What's our strategy?  What are we looking at?  And those are certainly legitimate questions to ask as you're sitting there trying to figure out what's going to happen because that's the worst thing in criminal defense.

If you have a case in one of the LA Courts, you are still determining what's going to happen and have to wait. That makes sense to me, and I definitely speak to my clients about it all the time so we're all on the same page.