When it comes to criminal defense, it's very difficult to determine exactly how long a criminal case might take to resolve. Many courts, though, are so overcrowded that they have rules regarding how quickly they want the cases moved through them.
For example, the Van Nuys court has a 90-day rule for all misdemeanors. Therefore, 90 days after the case is filed, the judges expect the case to be resolved.
What that means is, either it's going to be a jury trial and the jury will find the person guilty or not guilty, or there's going to be a dismissal by the prosecutors, or there's going to be some sort of a plea bargain reached by the defense and the prosecutors. Therefore, they need to expedite the processing of these cases because new cases are arriving every day.
The bottom line is that if they let cases languish in Los Angeles County, they'll be overrun with criminal cases and will not be able to conduct business in the criminal courthouse.
6 Months Up To 3 Years in Felony Cases
As far as felonies go, you can typically expect them to be resolved within a couple of months, although the timeframe can range from the low end to the high end, with some cases taking as long as two or three years. But, on average, you're probably going to get rid of a felony case within three to six months, either by way of a jury trial or by way of some sort of a negotiated plea. What can cause cases to take longer is when some type of evidence needs to be obtained that either the defense or prosecution requires, and there is a problem in obtaining it.
For example, I've seen cases stretch out for many months when DNA evidence is crucial in determining whether a person is innocent or guilty of some sort of a sex crime, murder, or another case where there's DNA involved, that the defense or prosecution needs in order to be able to argue their case.
Also, I've seen video evidence take some time. Trying to locate witnesses can slow cases down. Filing motions—search and seizure motions—maybe a home was searched.
Therefore, the defense can take various angles, which can cause the case to take longer. I've seen cases where a lot of restitution is owed, and the defendant is trying to save money because the more restitution they pay, the better off they'll be when it comes to resolving the case.
So, sometimes, there's an incentive to stall the case and make it take longer, allowing the person to accumulate some money to pay the restitution.
Pitchess Motion
At other times, the defense may attempt to continue cases so that a person can obtain their driver's license, which can significantly impact the outcome of a case. Sometimes, a bunch of motions need to be litigated, like a Pitchess Motion, where you're trying to get information on the police to see if they've ever lied before or filed a false police report. You can use that to attack their credibility at a trial.
Various reasons can cause the three— to six—month average to go up or down. Sometimes, there's an incentive to resolve the case quickly. Perhaps the person is in custody and will not be released unless the case is resolved.
Once a case is resolved, they can be released from custody. You never want to be in a position where someone is in custody and is forced to take a guilty plea when they're actually innocent. So, that's another thing to look out for as a criminal defense attorney.
Seeking the Best Resolution Regardless of Time
From a criminal defense standpoint, the case will take as long as it needs to achieve the best possible resolution. This resolution can have a significant impact on your life, whether it occurs through a jury trial, a negotiated plea, or presenting evidence to the prosecutor for a diversionary program or outright dismissal, depending on the specific circumstances of the case.
When it comes to determining the timeline of your case, your criminal defense attorney is your best guide. They will play a crucial role in managing the case timeline, from setting the strategy to determining how the case will be prosecuted. Once the strategy is set and the prosecution method is decided, you will have a clearer understanding of how long the case is likely to take.
When asked about the timeline, I often say that we can expedite the process if you're ready to plead guilty and accept the offer. However, most people understandably prefer to explore other options for the best resolution.
They want to try to either angle the case so they can get the best resolution or set the case up by an investigation to cause them to dismiss it, get a diversionary program, or get it ready to go to trial and, obviously, have the best defense available to convince the jury that you're not guilty.
So, the first thing you should do if you want an idea of how long your case is going to take in Los Angeles is to sit down with your attorney. Your attorney will want to hear your full story and review all available evidence. Could you contact the Hedding Law Firm for help?
This will give him a good sense of how quickly the case is likely to be resolved – what type of investigation is needed, what types of motions need to be filed, and how you plan to handle the case moving forward. Your attorney's expertise will provide you with a realistic timeline and determine whether it's in your best interest for the case to proceed quickly or slowly.
