One of the most common questions I hear from clients is, “How long will my case take to resolve?” The duration of a criminal case in Arizona can vary greatly depending on several factors. In this article, I’ll break down the key elements that influence the timeline of a criminal case, including the differences between felonies and misdemeanors, the defendant’s role, and the legal timeframes for taking a case to trial.
Felonies vs. Misdemeanors: Different Speeds for Different Cases
Criminal cases are generally categorized as either felonies or misdemeanors, and these classifications significantly impact how quickly a case moves through the judicial system. For a discussion of the difference between misdemeanors and felonies, check out my blog post titled, “The Hidden Impact of Misdemeanor Convictions: What You Need To Know.”
– Felonies: These are more serious crimes, such as armed robbery or aggravated assault, and typically involve more complex legal processes. Because of their severity, felonies often take longer to resolve. There may be more pretrial motions, extensive discovery, and intricate negotiations.
– Misdemeanors: These are less serious offenses, like minor theft or simple assault, and usually move through the court system more quickly. Misdemeanor cases often involve fewer legal procedures and can sometimes be resolved in a matter of months.
Factors Influencing Case Resolution
Several factors can influence how long it takes for a criminal case to resolve:
1. Complexity of the Case: Cases involving multiple defendants, extensive evidence, or serious charges typically take longer to resolve. The more moving parts, the more effort will go into resolving the case.
2. Court Schedules: The availability of the court, including the judge’s calendar and court dates, can impact the timeline. It is helpful to think of the court system as a pipeline. If the fluid being pumped through the pipeline is less than what the pipeline is designed to handle, then the fluid will flow easily. However, if the amount of “fluid” being pumped into the system is reaching or even exceeding the system’s design limits, then the system will not move as quickly. This too is true of the criminal system. The more cases in the system, the longer it will take to resolve them on average.
3. Discovery Process: The time it takes for both the defense and prosecution to gather and exchange evidence can vary. More complex cases require more time for discovery. This is also a question of how much discovery there is and the type. I recently received 500 pages worth of police reports and printouts that simply will take longer to work through than the 30 pages of disclosure I received in another case.
4. Plea Bargains: Negotiations for a plea deal can significantly shorten the case timeline if both parties agree. However, if negotiations break down, the case may proceed to trial. Taking a case to trial is by definition the slowest way to resolve a case, although it might be the most rational.
5. Defendant’s Decisions: The defendant’s choices, such as whether to accept a plea deal or go to trial, play a crucial role in determining the case timeline.
The Defendant’s Role: The Biggest Determining Factor
The defendant has the right to take their case to trial, which is inherently the slowest way to resolve a case. However, it’s important to understand that the length of time should not be the only consideration. Here are some key points:
– Trial Right: In Arizona, a person has the right to take their case to trial within 150 days of their arraignment if they are in custody, or within 180 days if they are out of custody.
– Strategic Timing: Rushing to trial is often not in the defendant’s best interest. Adequate time is needed for the defense attorney to thoroughly review the state’s evidence, prepare legal strategies, and build a strong defense. Almost as if by design, the prosecution is the most aware of the ins and outs of a case when the case is first filed. From that moment forward, the defense is playing catch up. At some point, a good defense attorney likely will know the case better than the prosecution does, but that takes time. Rushing a case to trial usually means giving the defense less time to prepare. A good defense attorney is conscious not only of the burden on the defendant having a pending criminal case poses, but also in not moving so quickly as to make mistakes that will cost their client a good result.
Conclusion
The duration of a criminal case in Arizona varies depending on numerous factors, with the defendant’s decisions playing a pivotal role. While taking a case to trial is the slowest way to resolve it, it is not necessarily the wrong choice. Adequate preparation and understanding of the state’s evidence are critical for a fair trial.
If you have been charged with a crime and are concerned about how long your case will take to resolve, contact me directly. As an experienced criminal defense attorney, I can guide you through the legal process, help you understand your rights, and work toward the best possible outcome for your case. Reach out to my office today to discuss your situation and explore your legal options.
