Facing criminal charges in Long Island can be very stressful, and one of the first questions most defendants or their families ask is how long it will take to get the case resolved. Criminal cases can take unfathomable lengths of time depending on the severity of the charges, backlog of the court and legal strategy.
The Process of a Criminal Case: Long Island
The timeline of a criminal case will vary depending on several factors, but most cases follow a general process. Here is a rundown of the major steps:
The Period Immediately Following the Arrest (1-3 Days)
A criminal case starts when someone is arrested. On Long Island, the police can either arrest a suspect immediately or issue a court summons. After an arrest, the defendant typically appears before a judge for an arraignment within 24 to 48 hours. In this hearing, charges are read, and bail may be set.
Pretrial Motions and Discovery (1-6 Months)
After the arraignment, the defense and prosecution enter a phase known as discovery, during which they exchange evidence, witness lists, and other information. For example, a criminal lawyer Long Island might file pretrial motions. The duration of this phase varies according to each unique case and the respective legal tactics applied.
Plea Bargaining (1-12 Months)
Plea bargains resolve many criminal cases in Long Island. The prosecution and defense will cut a deal, reducing charges or sentencing for a guilty plea. If a plea deal is reached, the case could also be over in a matter of months. However, if negotiations break down, the case could go to trial.
Trial Proceedings (+2 Years)
The timeline is extended substantially if a case goes to trial as well. A trial comprises jury selection, opening statements, the presentation of evidence, witness testimonies, cross-examinations, and closing arguments. Misdemeanor trials normally last two days to several weeks, while felony trials can stretch for months.
If a defendant is convicted, the court sets a date for a sentencing hearing. Depending on the specific nature of the crime, the judge may sentence an individual to punishment such as fines, probation, community service, or even jail time. The process might be lengthened for serious crimes, where the sentencing phase may include additional hearings and investigations.
Appeals Process (Months or Even Years)
If a defendant is found guilty and appeals, the case can stay open for years. The appeals process comprises a review of trial procedures to check for legal errors, and it can cause a retrial or a change to a convicted person’s sentence.
How Long a Criminal Case Takes: Factors to Consider
Here are several factors that may affect the length of a criminal case on Long Island:
- Serious offenses with a great deal of evidence involving multiple witnesses take longer to resolve.
- If the Nassau and Suffolk County courts are congested with cases, this may slow things down.
- Defense motions to dismiss the case before it even gets to a jury or calls for expert testimony that can prolong the process.
- A willingness to negotiate can shorten proceedings, while an unwillingness to negotiate makes proceedings longer.
- Key witnesses may be unavailable at the scheduled time, delaying hearings and trials.
What a Long Island Criminal Lawyer Could Do for You
Because of this, navigating the legal system can be an uproarious experience without proper representation. A Long Island criminal lawyer provides strategic defense, negotiates plea deals, and ensures that legal rights are upheld. This is the importance of an experienced attorney — from pretrial motions through trial defense to appeal, their guidance can have a critical impact on how rapidly and favorably a case resolves.
Conclusion
The duration of a criminal case on Long Island depends on a variety of factors, but the average case can take anywhere from a few months for lower-level crimes to several years for complex felony cases. However, knowledge of these stages, along with the help of a qualified criminal lawyer in Long Island, can help defendants get the best possible outcome. Getting well-respected legal representation can help to ensure that if you are hesitant with trial, or you are going through with one either way, that they can assist you in navigating the complexity of the justice system.
