If you face criminal charges for the first time, one of your most unpleasant surprises will be how long the case can take. For a misdemeanor, you could be looking at four to six months before knowing your fate. For felonies, it’s anything from six months to more than a year.
While it’s understandable you want to get rid of the weight of a criminal case as fast as you can, there are some good reasons it may not be possible. This guide delves into why your case can drag on for some time and can help you manage your expectations.
Strict Legal Procedures and Limited Resources
Criminal cases adhere to a strict code of procedures which, if not followed, can be used as grounds for an appeal and even overturn a ruling. At the same time, the courts work on limited resources, with the most notable limitations being case overloads, limited number of judges, and courtroom availability.
How your lawyer handles the procedures, such as pretrial motions, evidence discovery, and motions to suppress evidence in an initial trial phase, plays a critical role in the duration of a case.
“Spending more time can be in your best interests. So, while you want to get the case behind you, it’s important to follow your lawyer’s lead, even when it means spending more time,” says criminal defense lawyer William Umansky.
Evidence Gathering
Besides the strict legal procedures, evidence gathering and investigating your case can take quite some time. The prosecution’s role is to get a conviction by building a solid case against you. So they may want to take time to gather it and organize it.
Your lawyer’s part is introducing reasonable doubts to the prosecution’s case. As such, they will equally need time to investigate and scrutinize the evidence in the prosecution’s possession. The courts generally admit five types of evidence: real, documentary, testimonial, digital, and demonstrative. The different types of evidence dictate how long it takes to source it. For example, if a case involves evidence in the hands of a third party, it could take time, and specific legal procedures to access it can take quite some time.
Negotiations and Plea Bargain
Like civil cases, it’s possible to resolve a criminal case through negotiations in what is referred to as plea bargaining. A plea deal involves pleading guilty to a lower charge or no contest to your charge and getting a less severe punishment. Plea deals are arrived at through negotiations, and your lawyer’s stance largely depends on your case’s strength.
If you have a solid case, they are likely to take a tough stance; if your case is not as strong, they could be quick to take an offer to avoid going to trial. Either way, negotiations must occur, and they can take some time. It’s also worth noting that you can save much time and resources by resolving a case through a plea bargain if the case goes through trial.
The longevity of the trial phase also depends on factors such as the complexity of the case, the number of witnesses called to the stand, and the availability of jurors and judges.
Final Words
Understandably, you want to be done with a criminal case immediately. But at the same time, you want to ensure that you get justice, which can necessitate having the case take longer than you would wish. Your main concern should not be time but rather the outcomes, as they can affect the rest of your life.
Media Information:
The Umansky Law Firm
1222 Dixon Blvd
Cocoa, FL 32922
(321) 282 6815
