How Long Does It Take The Police To Investigate A Criminal Case In Los Angeles?
This is a good question, and it depends on the type of case and the evidence the police have. Sometimes, the police are at the scene of a crime. They see the crime being committed, or they're called out by some witness to the crime who identifies the perpetrator. They feel like they have whatever evidence they need and just deal with the case immediately – arrest the person, and the investigation is very limited. Or they investigate afterward in a scenario like that where they can lock in some extra information.
When we talk about cases taking a long time to investigate, it's usually a case that's a little bit more sophisticated and difficult for the police to prove. In that scenario, the police will investigate whatever they deem appropriate, and then when they're done investigating, they'll take the case to the prosecutors.
The prosecutors will examine the police's evidence and decide whether to file the case on the spot or send the police out for more follow-up investigation. They will also give the police specific instructions regarding exactly what they want them to investigate.
The prosecutors will determine what investigation needs to be done and what if any, further investigation is necessary. The answer to how long it will take to investigate a particular criminal case is twofold.
One, however long it takes to get the evidence they need to file it; and two, they're going to be looking at also a statute of limitations; and lastly, they're going to be looking at – usually in Los Angeles County as far as investigation – a year time frame.
They don't like investigations to go longer than a year because if that happens, criminal defense attorneys can file a motion saying you took so long to investigate this criminal case; we can no longer defend it.
Witnesses' minds have faded, and you have put the defense in a bad way as far as properly defending this case. Therefore, the case must be dismissed. This can be filed by way of a Serna motion or some other motion that makes sense and is related to the facts of the case.
Insufficient Evidence at Preliminary Hearing
What the police and prosecutors are trying to prevent when they take their time filing a case is the defense being able to make an argument to the judge at the preliminary hearing in a felony, for example, that there's not enough evidence to get the case dismissed.
So, this whole concept of investigation involves the prosecutors and police making sure they've done everything they possibly can to deal with the case before they make that filing decision because once they file it, times start to tick. They've got to do something with the case.
Another consideration when it comes to filing cases is if they arrest somebody and the person doesn't post bail, what's going to end up happening is the prosecutors will have to get their case together quickly because that person is going to be in court within a couple of days.
If, on the other hand, the person posts bail, then the prosecutors and police will have an extra thirty days – particularly in Los Angeles County – to investigate and get their case together. So, they don't know a lot of times whether or not a person is going to post bail on a case, so they don't know whether they are going to have that extra thirty days or not, so then they have sometimes to wait before they file a case, do their investigation, take their time and make sure that they do everything they possibly can to get all the evidence that's available out there before the defense gets their opportunity.
Lawyer to Attack Prosecutor's Case
Once the defense gets its opportunity, it will do its investigation and attack the prosecution's case. If it hasn't fully investigated it, it will make an argument that it has not brought forth all the evidence.
They have not proved their case, so the case should be dismissed. So, an investigation for a criminal filing is important. Also, the prosecutors are obligated to file a case only if they have fully investigated it and have the evidence.
They're not necessarily in the business of prosecuting cases; they're in the business of doing justice, ferreting out crime, and making sure that when they make moves, they do so ethically and with all available evidence.
