As a felony defendant, you’ve certainly heard that the court procedure might take a long time. Nothing could be further from the truth. While the time duration of a felony case varies depending on the circumstances. And the state in which you live, you can expect the court procedure to run at least a few months, usually 90-180 days.
But don’t you think that’s too little information to help you prepare for your case? As a result, every stage in a criminal case – from arrest to arraignment to sentencing – detailed in this guide, so you know what to anticipate. You’ll also find out how long it takes for a defendant to acquire a court date in a felony case.
So let’s get this party started!
Speedy Trial
The defendants in most states have a statutory right to a quick trial. In California, for example, a felon’s fast trial window is 60 days. It is 30 days for those currently in detention and 45 days for those not in custody in the case of a misdemeanor.
There is no statutory requirement for a fast trial in North Carolina. It is up to the prosecutors to decide whether to expedite a case or not.
Four variables determine a defendant’s ability to secure a swift trial. They are as follows:
- The length of the trial’s delay
- The reason for the trial’s postponement
- The defendants’ method of claiming their entitlement to a quick trial
- Any bias towards the defendants that caused their trial to postponed
In the United States, everyone has a fair right to a fast trial. However, in places where there is no statutory law, a defendant entitled to a free trial under certain conditions. The court determines the length of a case’s delay and the grounds behind it. The court might provide the defendant with a rapid trial if there is any unjust prejudice or unfairness against him.
What Factors Affect the Time Duration of a Felony Case?
The period between arrest and filing of charges is the first factor that defines time duration of a felony case. Many felony cases can drag on for months or even years without a resolution.
In most cases, the police have around 48 hours from the arrest to charge a suspect if there is no arrest warrant.
The defendant summoned to court for the first time follows his arrest and case booking. This referred to as the arraignment. The defendant made alert of the charges against him. The rights of the defendant taught to them. If the defendant asks it, the court will also appoint a defense attorney.
The defendant has the option of pleading not guilty, guilty, or no contest at the arraignment. This referred to as entering a plea. The prosecution has to prove after a defendant enters a not guilty plea.
After the defendant enters a not guilty plea, the court determines whether the defendant is eligible for bail, based on the circumstances. A criminal can leave custody if they granted monetary bail. Bail may deny in some cases, and the defendant may detain in custody. If the judge is not satisfied with the conditions for the defendant’s release, this can happen.
In most cases, the arraignment takes place within 48 to 72 hours of the arrest. The case delayed when the defendant fails to appear in court on the scheduled dates. If the defendant fails to appear in court after receiving many notices, a warrant might issue.
How Long Does It Take to Get a Felony Court Date?
The right to a timely trial refers to the ability to have a quick and fair jury trial following the start of your felony case.
As a result, the defendant must try within 60 days of their arrest for;
- Arraignment
- Reinstatement of the case (reopening a case that dismissed)
After a mistrial, an order allowing a fresh trial issued.
The defendant may forgo this right and agree to a trial date set by the court that is longer than 60 days. This gives the defense lawyer more time to gather evidence and counter the prosecution’s claims.
Conclusion
Time duration of a felony case can take anywhere from a few months to even years depending on the complexity of the case. It is important for defendants to know their rights and the criminal procedure in the courts.
