When someone is charged with a crime in California, one of the most pressing questions they often have is, "How long will my case take?"
While the Constitution guarantees you the right to a "speedy trial," and while the criminal justice system in California is structured to provide defendants with a timely resolution, the reality is that the length of a criminal case can vary widely.
Several factors influence the duration of a criminal case in California. The severity of the charges, the complexity of the legal issues, and whether the case goes to trial are all significant.
In some instances, a case might be resolved in a few months, while more complex cases may drag on for several years.
It's crucial to remember that as an accused, you have a powerful right, 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 empowers you and ensures that your case doesn't linger in the legal system indefinitely.
California has further defined what 'speedy' means under Penal Code 1382 PC. This law stipulates that in misdemeanor cases, a defendant has the right to go to trial within 30-45 days of their arraignment.
The time between an arrest and an arraignment in California misdemeanor cases is either 48 hours if the defendant was placed in custody after the arrest or about ten days if they were released following their arrest.
In felony cases, a defendant has the right to go to trial within 60 days of their arraignment, which typically takes place 48 hours to a few weeks after an arrest.
The time between an arrest and an arraignment in California felony cases could be several weeks or even months if the defendant were released following his arrest or if they bailed out.
Notably, a defendant can always waive their right to a speedy trial. If this occurs, there is no defined rule for how long the prosecution can wait to bring an accused to trial.
What Does the Law Say?
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 (commencing with Section 1367) 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…."
Your Rights: The Sixth Amendment and California Law
The Sixth Amendment to the United States Constitution guarantees defendants the right to a speedy trial. This right prevents the government from unduly delaying your case, ensuring you don't face prolonged uncertainty or remain in jail for an unreasonable time before your trial. However, it does not define what a "speedy trial" is or set deadlines for different stages of the trial process.
As noted above, California law provides specific timelines for when a criminal trial should take place:
- Misdemeanor cases: 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.
- Felony cases: 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.
While the right to a speedy trial is an important protection, insisting on trial within statutory deadlines is only sometimes in your best interest. Your defense attorney may advise you to waive this right. This strategic decision gives your attorney more time to strengthen your defense by gathering evidence, interviewing witnesses, and negotiating a favorable plea deal with the prosecution.
What is an Arraignment?
An arraignment hearing in California is the first formal court proceeding in the criminal case process. It occurs after an arrest. In other words, the arraignment stage is where:
- The court will advise the defendant of their Constitutional rights.
- The defendant will be told of the charges filed against them.
- The defendant will have their first opportunity to enter a plea.
- The court will set, modify, reinstate, or exonerate the defendant's bail.
The arraignment hearing occurs after the prosecuting agency, such as the local District Attorney's office (felonies) or the local City Attorney's office (misdemeanors), has filed formal charges. According to California law, the time of the arraignment is strictly regulated.
What are the Typical Stages of a Criminal Case in California?
To better understand how long a criminal case might take, it's helpful to examine the typical stages involved. Each stage has its own timeline, and various factors can either speed up or slow down the case.
- Arrest and Booking: If you're arrested, the first step is booking. This involves taking your personal information, fingerprints, and photographs. Depending on the circumstances, the arrest and booking process can take a few hours to a few days.
- Arraignment: During the arraignment hearing, the charges against you are formally read, and you are asked to enter a plea (guilty, not guilty, or no contest). If you're in custody, this will happen within 48 hours of your arrest, not counting weekends or holidays. If you're not in custody, you'll be notified to appear in court on a certain date, which is usually set within 10 days to a month of when you're charged.
- Pretrial Proceedings: These proceedings include motions to dismiss the case, motions to suppress evidence, discovery (exchange of evidence between the defense and prosecution), etc. The pretrial phase is often the lengthiest part of the process and can take anywhere from a few months to a year or more. This stage also allows for plea negotiations, which may resolve the case without going to trial.
- Preliminary Hearing (Felony Cases Only): In felony cases, a preliminary hearing is held to decide if there is enough evidence to proceed to trial. This usually occurs within 10 days of arraignment for those in custody or within 60 days for those not in custody. However, delays are common if either side requests more preparation time. If the judge finds probable cause, the case moves forward to trial.
- Trial: If the case proceeds to trial, it will involve jury selection, opening statements, presentation of evidence, closing arguments, and jury deliberation. Misdemeanor trials usually last anywhere from a few days to a week, while felony trials can take weeks or even months, depending on the complexity of the case.
- Verdict and Sentencing: If you are found guilty, the judge will schedule a sentencing hearing. Sentencing usually occurs within a few weeks of the trial's conclusion, although this can be delayed if additional reports (such as a probation report) are required.
While the above outlines the trial process, the reality is that most criminal cases in California do not go to trial. Instead, they are usually resolved either through plea bargains or by having the charges dropped. Obviously, either of these can potentially greatly shorten the time frame of your case.
For additional information, contact our California criminal defense lawyers, Eisner Gorin LLP, based in Los Angeles.
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