Among the common questions defendants have is how long criminal court processes can take to resolve. Generally, misdemeanour charges take 4 to 6 months to resolve. Low-level felony cases take up to a year, while major felony cases take more than one year.

While the legal system generally strives to give plaintiffs and defendants their right to speedy trial, they should also assure thorough and fair court proceedings, which often take time. Below are common reasons your criminal case might take longer than expected.

#1 – Scheduling Pretrial Motions and Legal Procedures

Scheduling by the court is the beginning of legal processes. Unfortunately, courts might have busy dockets or limited resources, which cause delays. High caseloads, courtroom availability, and the limited number of judges may delay the scheduling of pretrial motions and other legal proceedings.

Similarly, several pretrial motions and legal procedures are held before the trial begins. Important legal procedures include evidence discovery, motion to suppress presented evidence, and other legal arguments that can significantly delay the case. You should have the best criminal lawyer in Edmonton to represent you during this phase.

#2 – Evidence Gathering

Evidence is crucial for criminal cases and other court proceedings. Unfortunately, gathering evidence for criminal trials can prove challenging and time-consuming. The court primarily expects the plaintiffs to present the following types of evidence to support their case.

●     Real evidence: This refers to evidence collected from the crime scene. Such evidence includes blood-soaked clothes, a gun, a knife, or damaged property.

●     Documentary evidence: This should be presented alongside real evidence in criminal cases. This typically refers to evidence that builds up from various events preceding the crime. For instance, if you are being sued for breach of contract, the plaintiff’s attorney can present the actual contract as documentary evidence.

●     Testimonial evidence: This is probably the simplest form of evidence. Testimonial evidence includes statements from witnesses who were present when the incident occurred. The prosecutor may also hire expert witnesses.

●     Digital evidence: Include evidence recovered from digital files or electronic sources.

●     Demonstrative evidence: Attorneys and prosecutors often use demonstrative evidence to prove the case. They include maps, diagrams, and animations.

Collecting evidence from witnesses, police officers, and other involved parties significantly delays criminal trials. Including DNA evidence also further slows down the case.

#3 – Negotiations and Plea Bargains

Like personal injury cases, it is common for criminal cases to be resolved through negotiations and plea bargains. However, plea bargains and negotiations for criminal cases aren’t the same as those for personal injury cases. Negotiations for criminal cases primarily occur if the defendant agrees to plead no contest or guilty in exchange for reduced charges or a lesser sentence.

Plea bargaining, be it a charge, sentence, or fact bargaining is a lengthy and time-consuming process. For starters, the defendant should accept the charges being levelled against them. The prosecutor’s office should then work on finding an agreement that the judge will accept, depending on the nature of the case.

Endnote

Criminal cases can also be prolonged due to changes in circumstances, legal motions and appeals, and the complexity of the case. Some cases are generally complicated due to multiple defendants, extensive evidence, or legal issues, requiring more time to prepare for the case.