How long do criminal cases typically take to resolve in Philadelphia?

How Long Do Criminal Cases Take to Resolve in Philadelphia?

If you’ve been charged with a crime in Philadelphia, you’re probably wondering how long the case will take to resolve. The length of a criminal case can vary quite a bit depending on the charges, evidence, potential defenses, and many other factors. However, most cases in Philadelphia wrap up within a year from the date of arrest.

Initial Court Dates

After an arrest, the first court date is typically the preliminary arraignment. This brief hearing happens within 48 hours of the arrest and is when bail is set. The next hearing is the preliminary hearing, which must occur within 10 days if the defendant is in custody on bail or within 21 days if out on bail. At the preliminary hearing, a judge decides if there is enough evidence to send the case to the Court of Common Pleas for trial.

If the case does get sent to the Court of Common Pleas, an arraignment date is scheduled within 30 days. At this hearing, formal charges are brought and the defendant enters an initial plea of guilty or not guilty. Many cases resolve at the arraignment through a plea bargain. However, if a plea deal isn’t reached, more hearings follow.

Common Pre-Trial Hearings

Over the next several months, there are usually numerous pre-trial hearings and conferences. The district attorney’s office has to share all the evidence with the defense through a process called discovery. After reviewing the evidence, the defense can file pre-trial motions to try to get certain evidence or statements suppressed or thrown out.

There may also be status conferences where both sides discuss issues in the case, like potential plea deals. Often, prosecutors will make an initial plea offer at this point that can be negotiated. If a plea agreement still isn’t reached, the court will eventually schedule a trial date.

How Long For Trials and Sentencing

In Philadelphia, it typically takes about a year from the date of arrest to reach a trial. Some complex cases with lots of evidence and witnesses do take longer. However, even serious felony trials usually start within 18 months of an arrest. Trials themselves can range from a few days up to several weeks for major cases.

If convicted at trial, sentencing usually happens 4-6 weeks later. The judge orders a background report about the defendant to help determine an appropriate sentence. Less serious misdemeanor cases often wrap up faster than felonies. Many misdemeanors resolve with probation and no jail time.

Waiting in Jail Before Trial

One major factor that determines case length is whether the defendant can post bail to get released from jail after the arrest. In Philadelphia, around 25% of defendants sit in jail for the entire duration of their case because they can’t afford bail. Cases tend to drag out much longer when the defendant is incarcerated pre-trial.

Prosecutors often delay making plea offers in jail cases, trying to pressure defendants to take deals. And it’s harder for jailed defendants to meet with their lawyer and get their side of the story together. However, even cases where the defendant stays locked up pre-trial typically resolve faster than the state speedy trial limits.

Speedy Trial Rules

Pennsylvania speedy trial rules say prosecutors must bring cases to trial within 365 days if the defendant is jailed pre-trial. So if a jailed defendant doesn’t plead guilty, their trial must start within a year of arrest. For defendants free on bail pre-trial, the speedy trial limit extends to two years. However, most cases finalize short of reaching these speedy trial limits.

Why Cases Get Delayed

There are many reasons why some criminal cases take longer than a year to get through the system. If there are multiple co-defendants, it often delays things trying to coordinate between several parties. Homicides and other complex investigations also add time for evidence testing and review. In addition, overcrowded courts with jam-packed schedules mean judges aren’t always available to hear cases when they’re ready for trial.

And if a defendant misses court dates or violates bail, it can cause significant delays too. Prosecutors usually won’t negotiate plea deals with defendants who’ve skipped court or gotten re-arrested. The defendant has to resolve the new charges and get back into compliance before the original case can wrap up.

Reducing Delay Tactics

In recent years, Philadelphia courts have tried streamlining processes to resolve cases faster. For example, more communication between prosecutors and defense counsel happens earlier in cases. Instead of filing lots of pre-trial motions, issues now often get addressed at initial conferences.

Philly DA Larry Krasner has also implemented policies to reduce overly punitive charges that tend to prolong cases. And he won’t let prosecutors delay making plea offers to try to leverage defendants. The goal is resolving cases fairly in a timely manner instead of dragging things out with pressure tactics. More reasonable initial offers help cases finalize sooner.

How an Attorney Can Help

Having a knowledgeable defense attorney is key to efficiently resolving a criminal case in Philadelphia regardless of the charges. An attorney who regularly handles cases in Philly courts knows all the players. They have relationships with judges and prosecutors to negotiate effectively, access to programs, and experience spotting unnecessary delays.

Public defenders also provide quality legal services. But they have extremely high caseloads stretching their time thin. Private attorneys offer more individualized attention to push your case along. And they may have more flexibility to request earlier court dates or meetings with prosecutors.

If you’ve been charged with a crime in Philadelphia, don’t just sit back waiting for your case to slowly grind through the system. Hire an attorney to develop a proactive strategy for prompt and favorable resolution. The right lawyer can get charges reduced or dismissed pre-trial or win an acquittal at trial if necessary. So don’t delay in starting your defense. The sooner you contact an attorney after an arrest, the quicker you can get this resolved and move forward with your life