How Long Does a Criminal Case Take in California?
One of the first and most important questions people ask after being arrested or charged with a crime in California is: “How long will my criminal case take?”
The answer depends on several legal and practical factors. While California law guarantees every defendant the right to a speedy trial, the actual length of a criminal case can range from a few weeks to several years, depending on the circumstances.
Understanding the typical timeline of a criminal case—and what can speed it up or slow it down—can help you make informed decisions and protect your rights.
Eisner Gorin LLP is here to help. Schedule your consultation at (818) 781-1570 or contact us here.
Short Answer: There Is No One-Size-Fits-All Timeline
A criminal case in California may last:
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A few weeks or months for simple misdemeanor cases
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Several months to a year or more for standard felony cases
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Multiple years for complex cases involving serious felonies, multiple defendants, expert witnesses, or extensive motions
The most important factors include:
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Whether the case is a misdemeanor or a felony
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Whether the defendant is in custody or out of custody
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Whether the case resolves early or proceeds to trial
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Whether the defendant waives or asserts the right to a speedy trial
Your Right to a Speedy Trial in California
Both the United States Constitution and California law protect your right to a speedy trial.
Constitutional Protections
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The Sixth Amendment guarantees a speedy trial in criminal cases.
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The California Constitution provides the same protection.
Statutory Deadlines Under California Law
California law defines specific timelines under Penal Code 1382, which requires dismissal if the prosecution does not bring a case to trial within set time limits—unless good cause is shown or the defendant waives time.
Speedy Trial Deadlines:
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Misdemeanor cases
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30 days from arraignment if the defendant is in custody
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45 days from arraignment if the defendant is out of custody
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Felony cases
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60 days from arraignment, regardless of custody status
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⚠️ Important: These deadlines apply only if the defendant does not waive time.
Waiving Time: Why Cases Often Take Longer
Many defendants voluntarily waive their right to a speedy trial. This is common and often strategic.
Why a Defense Lawyer May Recommend Waiving Time:
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To conduct a thorough investigation
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To review the discovery and evidence
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To file motions to suppress or dismiss
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To negotiate a favorable plea agreement
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To prepare expert witnesses or defenses
Once time is waived, there is no fixed deadline for trial, and the case may continue until it resolves by plea, dismissal, or trial.
Typical Stages of a Criminal Case in California
Understanding the stages of a criminal case helps explain why timelines vary.
1. Arrest and Booking
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Occurs immediately or shortly after alleged criminal conduct
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Booking may take hours or days
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Defendant may be released, cited out, or held in custody
Timeline: Same day to a few days
2. Arraignment
The arraignment is the first formal court appearance.
At arraignment:
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Constitutional rights are explained
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A plea is entered
Timeline:
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Within 48 hours if in custody (excluding weekends/holidays)
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Within days or weeks if released
3. Pretrial Proceedings (Longest Phase)
This phase often determines how long the case lasts.
Includes:
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Discovery exchange
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Motions to suppress evidence
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Motions to dismiss
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Plea negotiations
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Case conferences
Timeline:
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A few months for simple cases
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6–12+ months for complex cases
Most criminal cases resolve during this stage without going to trial.
4. Preliminary Hearing (Felony Cases Only)
The judge determines whether there is enough evidence to proceed.
Timeline:
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10 court days if the defendant is in custody
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60 days if out of custody
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Frequently delayed by continuances or time waivers
5. Trial
If the case does not settle, it proceeds to trial.
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Jury selection
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Witness testimony
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Evidence presentation
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Jury deliberation
Timeline:
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Misdemeanor trials: a few days to one week
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Felony trials: weeks or months, depending on complexity
6. Verdict and Sentencing
If convicted:
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Sentencing usually occurs within a few weeks
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Delays may occur if probation reports or evaluations are required
Why Some Cases Take Years
Criminal cases may last years due to:
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Multiple defendants
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Serious felony charges
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Extensive forensic or digital evidence
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Defense or prosecution continuances
Complex cases often move slowly—even when everyone involved wants a resolution.
Can a Case Be Dismissed for Taking Too Long?
Yes. If the prosecution violates Penal Code 1382 and:
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The defendant did not waive time, and
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No legal “good cause” exists for delay
The court must dismiss the case.
This is a powerful protection—but only if properly asserted by defense counsel.
How an Experienced Criminal Defense Lawyer Helps
An experienced California criminal defense attorney can:
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Track and enforce speedy trial deadlines
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Strategically waive or assert time
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Push cases toward early dismissal or resolution
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Prevent unnecessary delays
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Protect you from prolonged uncertainty
The length of your case often depends on how aggressively and strategically it is handled.
Speak With a California Criminal Defense Lawyer
If you are facing criminal charges in California and want clarity on how long your case may last, speak with an experienced defense attorney as early as possible.
Eisner Gorin LLP represents clients throughout California in misdemeanor and felony criminal cases.
đź“ž Call 818-781-1570 for a confidential consultation
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