How Soon After Hiring a Lawyer in St. Petersburg Will My Case Go to Trial?

How Soon After Hiring a Lawyer in St. Petersburg Will My Case Go to Trial?

If you’ve been charged with a crime in St. Petersburg, Florida, one of the first things you’ll want to know is how long it will take for your case to go to trial. The timeline can vary quite a bit depending on the specifics of your case and the court’s schedule. Here’s an overview of what you can generally expect after hiring a criminal defense lawyer in St. Petersburg.

Initial Consultation and Investigation

After you’ve hired an attorney, you’ll have an initial consultation where you’ll discuss the details of your case. Your lawyer will ask you questions about what happened and may request documents or other evidence from you to begin investigating the case.

This initial investigation phase is crucial for building your defense. Your lawyer will look into the circumstances and evidence, interview witnesses, examine the scene, and start developing a legal strategy. Depending on the complexity of your case, this process can take anywhere from a few weeks to several months.

Arraignment

Within a few weeks after you hire a lawyer, you’ll have a formal arraignment hearing where you’ll enter a plea before the court. At the arraignment, you’ll officially hear the charges against you, and your lawyer will enter a plea on your behalf – usually “not guilty.” The judge will also address bail at this hearing.

Motions and Discovery

During the weeks and months after the arraignment, your lawyer will likely file motions challenging certain aspects of the prosecution’s case and requesting evidence through the discovery process. For example, your lawyer may file a motion to suppress evidence if there are issues with how key evidence was obtained. Discovery involves your lawyer requesting access to the prosecution’s evidence, police reports, witness statements and other information to prepare your defense.

Plea Bargaining

Many criminal cases end up being resolved through plea bargaining rather than going to trial. Your lawyer will discuss any plea bargain offers with you and provide advice, but the final decision on whether to take a deal is up to you. Factors like the likely sentence if convicted at trial versus the deal being offered come into play. If a satisfactory agreement is reached, you’ll enter a guilty or no contest plea and waive the right to trial.

Pre-Trial Conferences

As you get closer to trial, the judge will hold pre-trial conferences with the prosecution and defense. These are status hearings where things like proposed witness lists, unresolved motions and readiness for trial are discussed. The pre-trial phase is when a lot of negotiation happens behind the scenes, so additional plea bargain offers may surface before trial.

Trial

If no plea agreement is reached, your case will go to trial before a judge or jury. The timeline varies, but trials are usually scheduled within 6 months to a year after charges are filed for more serious felonies. Less complex misdemeanor cases may get to trial within 2-3 months. Your lawyer will let you know the expected timeline as your case progresses.

The exact trial date depends on the court’s calendar and availability of the judge, prosecutors, defense attorney, witnesses and other factors. Courts generally give priority to defendants in jail awaiting trial, so those cases get scheduled first. Out-of-custody defendants usually have to wait longer for a trial date.

How Long Does the Average Criminal Case Take From Arrest to Resolution?

While every criminal case is different, research indicates the typical timeline from arrest to resolution in Florida is:

• Felonies: 213 days (about 7 months)
• Misdemeanors: 78 days (about 2.5 months)

Those are just statewide averages based on data from a Florida court system report. The specifics in your case may be shorter or longer depending on the charges, jurisdiction, case complexity, lawyer negotiations, and other factors.

Key Factors That Impact How Quickly a Case Goes to Trial

While every case is different, some key factors that can influence the timeline include:

• Case complexity – More complex cases with multiple charges and defendants take longer.
• Availability of evidence – Cases take longer if crime labs are backlogged.
• Lawyer caseloads – Heavy caseloads can cause delays for prosecutors and defense attorneys.
• Jurisdiction – Rural areas tend to resolve cases quicker than urban courts.
• Defendant in jail – Jailed defendants typically get trial priority.
• Judicial resources – Courts with fewer judges and staff tend to have slower timelines.
• Witness issues – Unavailable or uncooperative witnesses can stall cases.
• Plea negotiations – Cases involving lengthy plea bargaining take longer.

Speedy Trial Rights

The U.S. and Florida Constitutions provide a right to a “speedy trial” for criminal defendants. But what qualifies as speedy is somewhat subjective and depends on the case details. Generally, a delay of more than a year from arrest to trial raises speedy trial concerns, according to Florida Bar guidance.

If you believe your constitutional speedy trial rights are being violated because it’s taking too long to get to trial, your lawyer can file a motion to dismiss based on lack of a speedy trial. However, courts are generally reluctant to dismiss serious criminal cases solely due to delays, unless there is a strong justification.

Talk to Your Lawyer About Expected Timelines

While this gives you a general overview of how quickly a criminal case may proceed after hiring a defense lawyer in St. Petersburg, every case has unique factors that impact the timeline. Your attorney will be able to examine the specifics of your charges, jurisdiction and other details to give you a more accurate estimate of when your case could realistically go to trial after consulting with prosecutors and the court.

The criminal justice process often involves waiting, but working closely with an experienced attorney can help move your case forward as efficiently as possible. An attorney will also advise you about options like plea bargaining that could resolve your case short of trial. Don’t hesitate to ask your lawyer specific questions about timeframes so you know what to expect.