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? Your defense attorney plays a crucial role in managing these factors and navigating the legal process.

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 stated that "this case will not last longer than ninety days from the date 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.  However, when that 90-day deadline approaches, they begin to pressure the attorneys to dismiss the case.

Now, it's interesting because there is no Evidence Code or Penal Code section that states the case must 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.

Therefore, the courts are likely using this to argue that the case needs to be resolved within ninety days. Really, what they're trying to do is address congestion in the courts, where having too many cases can cause them to become overwhelmed, unable to handle the various matters that come their way.

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. 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, which may include police reports, witness statements, and court documents, the defense must also obtain videotapes and other relevant materials to defend the case properly. Sometimes, DNA testing is pending, which can take a long time.

I would say that, on average, most misdemeanor cases are typically resolved within sixty to ninety days. Most felony cases will be resolved within two to six months, depending on the type of case, its complexity, and the effectiveness of the defense strategy. Obviously, a defense attorney who knows what they're doing will know how to secure the necessary time to defend the case properly.

It's crucial to have a conversation with your attorney about the case strategy.  Your attorney, with their expertise and experience, will be able to explain the strategy and the reasons behind it, ensuring that you're fully informed and involved in the process. This will provide you with a sense of reassurance and confidence in your attorney's guidance.

Custody Status

Another factor that significantly influences the duration of a case, in my opinion, is a situation where the defendant is in custody while the case is ongoing.  In that scenario, most defendants want to have their cases resolved, especially if they have the opportunity to be released from custody once the case is settled.

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 given some time on their case, so the fact that they have to sit in custody for two or three months won't matter much, because they'll receive credit for that time spent in custody.

Therefore, this is something you should definitely discuss with your attorney, and you should rely heavily on their guidance. Your attorney may have a strategy, such as negotiating a plea deal or gathering additional evidence, that requires time to execute. They will be able to explain the strategy and the reasons behind it, ensuring that you're fully informed and involved in the process.

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, be patient, and continue the case a few times while trying to get yourself or your attorney aligned 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 will it 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 Los Angeles courts, you are still determining what will happen and have to wait. That makes sense to me, and I definitely discuss this with my clients all the time, so we're all on the same page. This commitment to keeping you informed will make you feel secure and involved in the process.