How Long After Being Charged Does It Take To Go To Court (And Why)?

Exact Answer: 357 days

Being charged with a crime simply implies that the government has made a legal accusation against someone. A person accused of a crime is presumed innocent by law.

Being accused of a crime may be a frightening and perplexing experience. You must not only deal with the complexity of the criminal justice system and the abundance of frequently contradicting facts thrown at you, but you must also cope with the situation’s personal, family, and emotional ramifications.

You will have to wait a long time after being charged with a crime and being detained before your case is brought to court. Several alternative things may occur in such a scenario.

How Long After Being Charged Does It Take To Go To Court

How Long After Being Charged Does It Take To Go To Court?

Different chargesDays
Charged with a criminal case60 days
Charged with a Misdemeanor45 days

It can take up to 357 days for a case to reach the criminal court, and it takes an average of 178 days to decide in court. If you receive an infraction, the following is the court procedure.

  • It is referred to as a violation, and it is a tiny offense that is usually punished with a fee rather than actual jail time. Defendants charged with infractions do not have the right to a jury trial since they do not carry the possibility of prison time. You could use a lawyer if you wanted to.
  • A traffic or driving violation is the most prevalent sort of infraction. The result will be determined by the laws of the state in which you were when the violation occurred.
  • After getting an infraction, the settlement procedure is often more casual, and if you wish to plead guilty, it might be done through mail or over the phone without you having to appear in court.
  • The letter you will receive will include whether you must appear in court or whether you can solve your problem in other ways.
  • The majority of the time, as a result of the infraction, you will be obliged to pay a fine. To prevent such an occurrence from happening again, you may be required to attend a court-approved re-education program.
  • If you want to fight the charge, you’ll need to seek a court date, and if you do, you or your attorney will have to present in court on the scheduled date and time.

The length of time this will take will be determined by the type of case. If you are detained in jail for a misdemeanor, your trial should be held within 30 days of your consent. If you are not in jail, the requirements are different, and your court trial date should be scheduled within 45 days of the request.

In a criminal case, a preliminary hearing happens between your arraignment and your trial. This preliminary hearing must take place within 10 days after your arraignment, according to your rights. The court date will be set within 60 days after your arraignment if you waive your entitlement to a ten-day hearing.

The person will be charged based on this information. Within 15 days after the preliminary hearing, the information must be filed, and your trial must begin within 60 days of the information’s arraignment.

Why Does It Take That Long To Be Charged To Go To Court?

It takes that long to be charged and go to court, depending on the nature of the offense, which determines whether or not it will go to court at all. In general, some less serious crimes have other penalties, so not everyone accused of a crime has to go to court.

The case includes a minor offense, such as first-time possession of a tiny amount of an illicit drug or trespassing on someone else’s property without causing any harm. The police can give a caution, a warning, a fine, or a community resolution instead of prosecuting the persons engaged in the offense.

When a crime is severe enough in the public interest, such as when someone was or might have been wounded, or property was destroyed, and there is adequate evidence, the police will refer the matter to the Crown Prosecution Service (CPS). The CPS will make the final decision on whether or not to prosecute anyone implicated.

Conclusion

The amount of time it takes to appear in court after being charged is determined by the seriousness of the offense you are accused of committing. When it comes to minor violations, not all cases will go to court, but more serious offenses will need you to appear in court. In some cases, you do have rights, and if you think it is essential, you can waive some of these rights.

References

  1. https://www.jstor.org/stable/pdf/community.28033013.pdf
  2. https://link.springer.com/article/10.1007/BF00148128
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