One of the most common questions that defendants ask is how long it can take for criminal court proceedings to be resolved. Misdemeanours are usually resolved in 4 to 6 month. Low-level felonies can take up to one year while major felonies take longer.
The legal system tries to ensure that plaintiffs and defendants have a speedy trial. However, it should also be able to conduct fair and thorough court proceedings. This can take a lot of time. Here are some common reasons why your criminal case may take longer than you expected.
#1: Scheduling pre-trial motions and legal procedures
The court’s scheduling is the first step in the legal process. Courts may be unable to meet their deadlines due to limited resources or a busy docket. The limited number of judges, the high caseload, and the availability of courtrooms can all delay scheduling pretrial motions.
Before the trial starts, there are also several pre-trial motions that must be made and other legal procedures. Legal procedures that are important include the discovery of evidence, motions to suppress evidence presented, and other arguments which can delay a case. You need to have the best criminal attorney in Edmonton represent you at this stage.
#2: Evidence Gathering
For criminal proceedings and other court cases, evidence is essential. Unfortunately, gathering the evidence needed for criminal trials is a time-consuming and difficult task. To support their case, the court expects plaintiffs to provide the following types evidence.
* Actual evidence: These are the items that were collected at the crime scene. These include blood-soaked clothing, a weapon, a knife or damaged property.
In criminal cases, this should be presented along with real evidence. This is evidence that has been accumulated over time from different events leading up to the crime. If you’re being sued for breaching a contract, your attorney may present the contract itself as evidence.
* Testimonial Evidence: This is the easiest form of evidence. Witnesses who were there when the incident happened can provide testimony. Expert witnesses may be hired by the prosecutor.
* Digital Evidence: Incorporate evidence recovered from electronic files or digital sources.
* Demonstrative Evidence: Attorneys and Prosecutors often use this type of evidence to prove their case. These include maps, animations and diagrams.
The criminal trial is significantly delayed by the time it takes to collect evidence from police officers, witnesses and other parties involved. The addition of DNA evidence slows the case down even more.
#3: Negotiations and Plea Bargains
Criminal cases are also often resolved by negotiation and plea bargains, just like personal injury cases. Plea bargains and negotiation for criminal cases differ from those in personal injury cases. Criminal cases are negotiated mainly when the defendant accepts a guilty or no contest plea in exchange for a reduced charge or sentence.
Plea bargaining can be a long and tedious process. To begin with, the defendant must accept the charges that are being brought against him. The prosecutor should work to find an agreement the judge will accept depending on the nature and circumstances of the case.
Endnote
The complexity of a case, changes in circumstances and legal motions or appeals can all prolong criminal cases. Many cases can be complicated because of multiple defendants, large amounts of evidence or legal issues. This requires more time for preparation.