If a person asks, “How long does a criminal case take?” to five different criminal defense lawyers in Dallas, Texas, you’d probably get five different answers. This is because every case is unique. Some criminal cases can be resolved within a few days or months, while others may drag on for a year or more. The best way to determine how long your particular case might take is to contact an experienced criminal defense attorney and understand the legal process involved in taking a case to trial.
What to Expect for the Timing of a Criminal Case
A large factor that determines how long a case can take to resolve is whether the case is a felony or misdemeanor. Simple misdemeanor cases may resolve within two to six months. A simple felony case may resolve as soon as six months. However, a more complex misdemeanor case could take a year to resolve, while a complex felony case could take two years or more to resolve.
A hurry-up and slow-down pace can be typical for many cases. At times, cases may seem to be moving at a lightning pace, while at others, they may be at a snail’s pace. The best way to know what to expect in your particular case is to work with an experienced criminal defense lawyer.
Steps Involved in the Criminal Process
Many steps are involved in the legal process of charging and prosecuting a person for a criminal offense in Dallas, Texas, including the following:
Arrest and Booking
After the police arrest you, they will begin the booking process. Many people in Dallas are booked at the Lew Sterrett Justice Center. This process involves obtaining identifying information about you and taking your fingerprints.
Bond
After you have been booked, you will usually be called in front of a magistrate judge within 48 hours. Called arraignment, this is so bail can be set in your case. If you are released on your own recognizance or you are able to afford to post bond, you will be free while your case is pending. Personal recognizance bonds are free (you don’t post money, only promise to return to court when directed) but are usually limited to less serious cases. The vast majority of cases get cash or surety bonds set. In those circumstances, money must be deposited with the county in order for you to be released on bond. With a cash bond, you put the full bond amount directly on deposit with the county. With a surety bond, you go through a bondsman and typically pay roughly 10% of the bond amount.
Filing of Charges
Your case is then passed to the Dallas County District Attorney’s Office for review. While there, the prosecutor’s office considers whether to file formal charges. This part of the process can take anywhere from a few days to several weeks (or even longer in more complicated cases). Sometimes a good lawyer cna convince the District Attorney’s office to reject charges or reduce charges.
If the case is a misdemeanor, it is filed when the District Attorney’s office decides that there is probable cause to support the charge. In a felony, however, the District Attorney must also present the case to a grand jury who decides whether the District Attorney has enough evidence to justify filing a formal criminal charge. If they do, the return an indictment in the case and it is considered filed.
First Court Date
The next major step in the process is the your first court date. When this court date occurs is highly dependent on the complexity of your case and other factors like how backed up the courts are when your case gets started..
At your first court setting, the court will determine whether you already have an attorney or whether, if you cannot afford to hire an attorney, whether the court will appoint an attorney to represent you. If you can afford to hire an attorney, you absolutely do so. Hiring an attorney is the only way to have control over who represents you. If the court appoints an attorney to represent you, you may be stuck with who you get whether you are happy with them or not.
Pretrial
Now that you’ve been formally charged with a crime, you might expect your case to move quickly to trial. However, a significant portion of a criminal case is resolved during the pretrial stage, between the arraignment and the actual trial (if there is one). During this time, important steps may take place, including:
Your criminal defense lawyer conducts an independent investigation into your case.
Legal motions are filed, such as motions for discovery of the evidence and possibly to suppress evidence.
The prosecutor provides your attorney the evidence against you during the formal discovery process.
Your criminal defense attorney and the prosecutor engage in discussions regarding whether an agreed resolution to your case – like a dismissal, pretrial diversion program, or plea agreement – can be reached.
Many cases in Dallas County are resolved during the pretrial stage. They may be dismissed, or charges could be reduced. The length of this part of the process will depend on the complexity of the issues involved and how thoroughly the case is prepared.
Trial
Trials can take some time, but it usually takes more time to schedule and prepare for them than the trial itself. If your case goes to trial, you can likely expect the case to take several months longer than if it is not.
Appeals
If your case is appealed, years can be added to the potential timeline of your case.
Factors That Affect How Long Criminal Cases Take to Resolve
Various factors can affect how long a criminal case takes to resolve, including:
- The jurisdiction and venue: Some courts are busier than others. In Dallas County, hundreds of arraignment hearings are held every court day.
- Whether the charge is a felony or a misdemeanor: A misdemeanor case might take a couple of months up to about a year to resolve. However, a felony case often takes more than a year to resolve.
- Complexity of the case: Some cases are more complicated than others. For example, a violent crime may involve more complex legal issues, evidence gathering, and witness testimony than a petty theft case.
- The judge assigned to the case: Some judges push cases forward more quickly than others.
- The prosecutor assigned to the case: Some prosecutors are known for dragging out cases, while others are more expeditious about resolving their caseloads.
An experienced lawyer can help explain whether a delay is typical for your situation or if they can intervene to speed up the case.
What Can Slow Down a Case?
Delays are normal in the criminal justice system and may not indicate any type of problem with your case. Common reasons criminal cases can slow down include:
- Waiting on lab results
- The involvement of multiple defendants or witnesses
- Busy court calendars
- Complex legal motions
- The processing or securing of evidence
Delays are sometimes part of the legal process. For example, your lawyer arguing a motion to have evidence suppressed could result in the dismissal of charges, so the delay might be worth it.
In some cases, delays can be strategic. For example, your lawyer may act like the case is proceeding to trial to convince the prosecutor to give a better plea deal. The prosecutor might not want to waste the time or resources involved in trying a case and might wind up making a better plea agreement if they reasonably believe the defense lawyer is prepared to take the case to trial.
Keep in mind that a faster resolution is not always a better outcome. Your lawyer can discuss what a reasonable outcome in your case is and the best way to achieve it.
What Can Speed Up a Case?
In contrast, some factors can help speed up a case, including:
- The involvement of a criminal defense lawyer early in the process
- Evidence in your case is requested and resolved quickly
- Early dismissal of the charges against you
- Your lawyer insists on your right to a speedy trial
- The availability of witnesses
- Taking proactive steps to show you are taking the case seriously, such as drug and alcohol rehabilitation, treatment, or counseling
- Your case is being heard in a court with a docket that moves faster
- Preparation by your lawyer
Also, taking a plea agreement can speed up a case. However, this might not always be in your best interests.
Going fast or slow does not necessarily determine whether an outcome is best for you. Work closely with your lawyer to understand the legal strategy applied to your case.
How a Criminal Defense Lawyer Can Help
At The Law Office of Mike Howard, PLLC, we understand how stressful it can be for our clients who are facing criminal charges. We understand that you want to resolve the case as quickly as possible, but we won’t sacrifice your freedom or the best outcome in your case for speed. An experienced defense lawyer from our law firm can do the following to assist with your case:
- Conduct a thorough investigation to identify viable defenses and possible challenges to the prosecutor’s evidence.
- Handle communications with law enforcement officers on your behalf
- Explain your legal options and the possible timeline for your particular case
- File pretrial motions to help reduce or dismiss the charges against you
- Negotiate for a favorable plea bargain with the prosecutor
- Represent your interests at trial
Contact our dedicated criminal defense lawyers to get a better idea about the potential timeline involved in your case.
Contact Us Today for Legal Assistance and Representation
If you are facing criminal charges, The Law Office of Mike Howard, PLLC can help. While most criminal cases in Dallas, Texas follow the same basic steps, they do not follow a strict timeline. Each case is unique. An experienced criminal defense lawyer can help expedite your case and protect your legal rights through every step of the process. Contact us today for a free consultation.
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