How Long Does A Criminal Case Take To Resolve? A Former Prosecutor Tells You What To Expect (2023)
Автор: Hampton Law
Загружено: 2022-12-01
Просмотров: 4542
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How Long Does A Criminal Case Take To Resolve? A Former Prosecutor Tells You What To Expect!
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Have you been arrested for a criminal case? Maybe you have been arrested for the first time and you have no idea what to expect. We are going to discuss how long you should expect your criminal case to take to resolve. How many court settings? When will it be completed? We must first distinguish between a misdemeanor and felony case.
Misdemeanors
1. Class C Misdemeanors - Class C misdemeanors are punishable by a fine only and will take less time to resolve than more serious cases. On average, cases in municipal courts in North Texas take as short as 1 month but up to 6 months to resolve.
2. Class B and Class A Misdemeanors - both a Class B & Class A misdemeanor involve a punishment range that includes both a fine and possible jail time. As a result, it is common for them to take longer to resolve than Class C Misdemeanors. In North Texas, depending upon the type of misdemeanor you are charged with, it can take as short as a few months or up to several years to resolve. For example, we have represented clients charged with DWI in Texas that have taken up to 3 years to resolve their case. Many prosecutors are unwilling to be fair in negotiating your criminal case unless your criminal lawyer is willing to push the case to a jury trial setting, which can require patience attending multiple court settings.
3. Negotiation strategies that can take longer - seasoned and aggressive criminal defense attorneys understand that time is the friend of the defense. As such, time can create opportunities in negotiations. For example, an unreasonable prosecutor can be dealt with by delaying a resolution to the criminal case until the prosecutor is moved or replaced. It is common in larger counties for the prosecutor's office to move personnel around to different courts. This creates an opportunity for your criminal lawyer to negotiate with a different prosecutor for a more favorable result.
Felonies
1. Grand jury can shorten length of case resolution - every felony criminal case in Texas must be indicted by a grand jury. A grand jury is a panel of citizens that listen to evidence and determine if there is probable cause to allow the State to pursue the charges. Your criminal attorney should always be looking to take advantage of the grand jury system to attempt to have your felony criminal case lowered to a misdemeanor or dismissed altogether through a no bill, which will allow your case to be completed within 90 - 180 days.
2. What if your felony case makes it past the grand jury? If your case makes it past the grand jury, you can expect a fight to last in criminal court ranging from 6 months to several years. The reality is that most prosecutors are unreasonable when it comes to resolving felony cases. As such, you need an aggressive and experienced criminal defense lawyer to push for the best result on your case. That result usually requires pushing the prosecutor to a trial setting to force them to evaluate the case and do the right thing!
3. What is the purpose of all the court dates? This is the most common question I receive. Each time you appear at your criminal court setting, you are acting in partnership with your criminal lawyer to push the prosecutor to meet their burden of proving the case beyond a reasonable doubt. Remember, it is never a waste of your time to attend your court settings! Even if you feel nothing was accomplished, you are playing a key role in making certain you stand up against the government. Don't let the prosecutor be lazy in prosecuting your case!
Time is the friend of the defense, not the State!
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00:00 How Long Does A Criminal Case Take To Resolve?
00:36 How Long Does A Misdemeanor Case Take?
01:24 How Long Does Class A or Class B Misdemeanor Case Take?
03:58 How Long Does A Felony Case Take?
04:44 How Can A Grand Jury Help A Criminal Case?
06:15 What's The Purpose Of Each Court Date?
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