If you've been arrested for a criminal offense, you are probably wondering how long your case is going to be hanging over your head.

Especially if it is your first time dealing with the criminal justice system, the process can seem overwhelming. Your looming criminal case is likely causing you anxiety, and could even be affecting your job performance, personal relationships, or your health.

Understandably, you’re looking for answers about how long your case will take to resolve. Unfortunately, there is no clear-cut answer to how long your criminal case will take. It depends on a large variety of factors, such as:

• The severity and complexity of the crime
• Your defense attorney
• The prosecutor
• The judge
• The police officers involved in your case
• What state and county you’ve been charged in
• The court’s current caseload
• Whether a plea agreement is reached

The items listed above are only a few of the factors that can impact how long your case will last. The best thing you can do is to hire a seasoned criminal defense attorney to help you navigate the process and obtain the best possible outcome for your case.

What are the stages of a criminal case?

While it’s impossible to give an exact answer for how long you can expect your case to last, learning about the different stages of criminal cases will help you know what to expect.

Investigation

Before you can legally be arrested and charged with a criminal offense, police officers must have found enough evidence to have what is called “probable cause” to conclude that you committed the crime. Probable cause typically means that the police have a reasonable basis for believing that you committed a crime.

Arrest

Once the police have enough evidence to show probable cause, you will likely be arrested and taken to a local police station or jail for booking.

Initial Appearance

Your first appearance in court must occur as soon as possible after your arrest. During this hearing, a judge will determine bail and when your next court appearance will be,

Arraignment

This is when the prosecutor files formal charges against you. A judge will verify that you actually are the person who is being charged with the crime and that you know what the crime is. You will also enter your initial plea to the charge — guilty, not guilty, or no contest.

For misdemeanors offenses, your arraignment will often be conducted during your initial appearance. However, felony cases often require a grand jury verdict before you can be arraigned. A grand jury is a group of local citizens who hear the prosecution’s case against you and decide if there’s enough evidence to charge you.

Pretrial Proceeding

A lot of different things can happen during the pretrial phase of your case, and the exact timing and steps will vary depending on the state you are in and the circumstances of your particular case. However, pretrial proceedings in criminal cases commonly involve these three elements:

1. Discovery

Discovery is the process that is used to learn about the prosecution’s case against you. Your attorney will file a discovery request and the prosecution will have to turn over the evidence that they have.

2. Pretrial Conference(s)

During a pretrial conference, the prosecution and defense will discuss the facts of the case, including each side’s strengths and weaknesses, and often reach a plea agreement.

3. Motion Hearings

Motion hearings are held when either side asks the judge to do something. For each motion filed, both sides will be able to present their arguments for or against. For example, your defense attorney may file a motion for the judge to not allow the prosecution to use evidence that was obtained illegally against you.

Trial

If you pleaded not guilty at your arraignment and a plea agreement was not reached during pretrial, your case will move into the trial phase. During the trial phase, the prosecution will present the evidence they have against you to a jury and/or a judge, and then your criminal defense attorney will have the opportunity to present evidence on your behalf.

The prosecution has the burden of proof, which means they must prove to the judge or the jury that you are guilty of the crime “beyond a reasonable doubt.” You are not required to prove your innocence, but you are allowed to have your attorney present evidence to refute the case the prosecution makes against you.

The order of trial proceedings is as follows:

1. Jury Selection

During jury selection, both sides will be able to ask potential jurors questions to determine if they have preexisting knowledge about the case, if they have a relationship with anyone involved in the case, or if they are too biased to fairly decide the case. The prosecution and the defense can both remove an unlimited amount of people from the jury pool for these reasons. Both sides are also permitted to remove a certain amount of jurors without providing a reason.

2. Opening Statements

During opening statements, both sides will present a summary of their case to the jury and/or judge. Opening statements usually preview the evidence that will be presented during the case.

3. Prosecution’s Case

The prosecutors get to present their evidence first. They will put witnesses on the stand and ask them questions. Your attorney will also get to ask their witnesses questions to attempt to poke holes in their case.

4. Defense’s Case

After the prosecution has presented all of the evidence against you, your attorney will get to present evidence on your behalf. You are not required to put on any evidence or testify, but you have the right to defend yourself.

5. Closing Arguments

Once both sides have presented all of their evidence, each side will get a chance to make a final argument to the jury and/or judge. The closing arguments will summarize the evidence presented, and each side will explain why you should be found guilty or not guilty.

6. Verdict

Following the closing argument, the judge or jury must decide whether you are guilty “beyond a reasonable doubt.” If they conclude that reasonable doubt exists as to whether you committed the crime, they must find you not guilty.

This deliberation stage can last for minutes, days, or even weeks. The final verdict will be announced in court.

Sentencing

If you pleaded guilty during arraignment or pretrial, or if you were found guilty at trial, then you will receive a sentence, or punishment, for the crime. A judge will decide a fitting punishment based on an assortment of factors, including, among others, statutory sentencing guidelines, the facts and circumstances of your case, and your criminal record.

When should I contact an attorney?

The earlier, the better. Even if you are just being investigated and haven’t yet been arrested, a criminal defense attorney can advise you of your rights during the investigation and help you through the process. An experienced criminal defense attorney can also tell you how long you should expect your case to last, given the circumstances of your case and the court you’ll be dealing with.