How quickly will my federal case go to trial?

| by Max Soni

Last Updated on: 18th November 2023, 01:49 pm

How Quickly Will My Federal Criminal Case Go To Trial?

If you have been charged with a federal crime, one of the first questions you probably have is “how long will it take for my case to go to trial?” The timeline for a federal criminal case can vary quite a bit depending on the specifics of your case, but here is a general overview of the process and timeline you can expect.

Initial Court Appearances

Once you have been arrested on federal charges, you will be brought before a judge for an initial appearance within 1-2 days. At this first hearing, the judge will:

• Advise you of the charges against you
• Appoint counsel if you cannot afford an attorney
• Consider whether you should be released on bail or detained until trial

If the government wants you detained pre-trial, they can file a motion for detention and the judge may schedule a detention hearing in the next 3-5 days. This is when arguments will be made about whether you are a flight risk or danger to the community.

Grand Jury Indictment

Within 30 days of your arrest, your charges must be presented to a federal grand jury. The grand jury determines if there is probable cause to formally charge you with the crimes alleged. If the grand jury votes to indict you, this formally initiates the criminal proceedings. You will be arraigned shortly after the indictment is returned, where you will enter a plea of guilty or not guilty.

Pretrial Motions and Discovery

Once you have been indicted, the next phase is exchanging information between the defense and prosecution through discovery and filing pretrial motions. Your defense attorney will likely file motions asking the judge to throw out evidence or statements that may have been obtained illegally. This phase can take anywhere from 2-6 months depending on the complexity of the case. Extensive discovery and complicated legal issues will lengthen this process.

Plea Bargaining

The vast majority of federal criminal cases (over 90%) end in a plea bargain rather than going to trial. After reviewing the evidence against you and the potential sentencing guidelines, your defense attorney may negotiate a plea deal with the prosecutor. This can happen at any point in the process, sometimes even up to the eve of trial. If a plea is reached, there will be no trial.

Trial

If no plea agreement is reached, your case will proceed to trial before a judge and jury. The trial will begin with jury selection, which generally takes 1-2 days. Then the government will present its case first, followed by the defense. The entire trial process, including jury deliberations, usually lasts between 2-4 weeks in federal court. Simple cases with only a few witnesses can sometimes be tried in only 2-3 days.

Sentencing

If you are convicted by guilty plea or at trial, a sentencing hearing will take place approximately 70-90 days later. A pre-sentence report will be prepared by the probation department to guide the judge’s sentencing decision. You will have a chance to review the report and object to any factual errors. At the sentencing hearing, the judge will impose the final sentence after considering federal sentencing guidelines and arguments from both sides.

Timeline Summary

So in summary, here are the general time frames you can expect in a federal criminal case:

• Arrest to Indictment: 1-2 months
• Indictment to Pretrial Motions/Discovery: 2-6 months
• Pretrial Motions to Trial: 6-12 months
• Trial: 2-4 weeks
• Conviction to Sentencing: 2-3 months

This provides a rough timeline of 12-24 months from arrest to sentencing for a federal criminal case that goes to trial. However, many factors can affect these time frames, leading to both shorter and longer periods. For example:

• Cases involving complex fraud schemes, multiple defendants, or lots of evidence may take longer at each phase.
• Simple cases with only a few witnesses can sometimes move much quicker.
• Cases that end in a plea bargain skip the trial phase entirely.
• Backlogs on the court’s calendar can lead to trial delays.
• The COVID-19 pandemic has caused many court closures and case delays.
• Your personal circumstances, such as being detained pretrial vs. out on bail, can impact the timeline.

Speedy Trial Act Time Limits

The Speedy Trial Act puts some outer limits on how long various phases of a federal criminal case should take. Here are some of the requirements:

• Trial must begin within 70 days of indictment or initial appearance, whichever is later.
• However, certain delays are excluded from the 70-day limit, such as delays caused by pretrial motions filed by the defense.
• Retrials after a mistrial or appeal must start within 70 days of the order for retrial.
• Sentencing must occur within 90 days of conviction if the defendant remains in custody.

While these limits can be exceeded due to case complexity or crowded dockets, the Speedy Trial Act prevents cases from excessively dragging on for years. Defendants may file motions to dismiss for violation of the Speedy Trial Act if the time limits are exceeded.

Consulting with Your Defense Attorney

The best way to get an estimate for the timeline in your specific federal case is to discuss it with your defense attorney. Based on the charges, potential pretrial issues, and other case factors, they can provide guidance on the likely timeline. Your attorney can also explain options like pursuing a plea bargain to resolve the case more quickly.The federal criminal justice system can seem intimidating and complex when you’re facing serious charges. But keeping the general case timeline in mind, and having an experienced federal defense lawyer in your corner, can help you navigate the process step-by-step. While every case is different, you can expect your attorney to guide you through the critical phases of the case as efficiently as possible.