Understanding the Timeline of a Criminal Case: What to Expect
By Sullivan Rice
Facing a criminal charge often brings up a crucial question: How long does a criminal case take? In Minnesota, the timeline for a criminal case can vary widely based on several factors: the nature and severity of the crime, the efficiency of the criminal justice system, the trial's duration, and whether an appeal is involved. Any delays in the process can also affect the overall timeline. Typically, misdemeanor cases might be resolved within weeks or months, while felony cases can take up to a year to conclude.
For a clearer understanding of your case's duration, consulting with a criminal defense lawyer is essential. An experienced lawyer will guide you through the different stages and timelines of your criminal case.
Contact Jack Rice Defense at (651) 447-7650 for a free, no-obligation consultation if you have been charged with a crime.
Stages of a Criminal Case
A criminal case involves several stages, each contributing to the overall timeline. Familiarizing yourself with these stages will help you prepare and know what to expect.
Arrest and Booking
The process begins with an arrest by a police officer, which can happen if:
- The officer witnesses a crime.
- The officer has reasonable cause to believe you committed a crime.
- There is a valid arrest warrant.
After arrest, the booking process includes collecting your personal information, taking fingerprints and photographs, and conducting background checks. You may also be allowed to contact your defense attorney.
If the offense is minor, you might receive a citation to appear in court. More serious charges could lead to a summons, which requires your court appearance. Failure to appear as summoned can result in a bench warrant for your arrest.
Bail
Post-arrest, you may need to post bail to be released from custody. Minnesota has a bail schedule for various offenses, but in most cases, you will appear before a judge within 36 hours to determine bail based on factors like the crime's severity, your criminal history, flight risk, and potential danger to the public.
Arraignment (First Appearance)
At the arraignment, the court process formally begins. Here, the judge reads the charges and informs you of your rights. You will enter a plea: guilty, not guilty, or no contest. If you plead guilty or no contest, the case might conclude quickly. A not-guilty plea sets the stage for further proceedings, including bail determination and conditions of release.
Omnibus Hearing
An omnibus hearing, or pre-trial hearing, is necessary for gross misdemeanors or felonies. It evaluates the evidence's validity and admissibility. Both sides can cross-examine witnesses, and if your lawyer can cast doubt on the prosecution's case, the charges might be dismissed. The hearing also includes a pre-trial conference to explore potential resolutions before trial.
Criminal Trial
If the case proceeds to trial, you have the right to a jury trial for crimes potentially leading to jail or prison time. The trial includes several stages:
- Jury Selection: Jurors are selected through a vetting process to ensure impartiality.
- Opening Statements: Both sides present their case outlines.
- Evidence Presentation: Evidence is presented, witnesses are examined, and both sides make arguments.
- Closing Arguments: Final arguments are made to the jury.
- Jury Instructions: The judge explains relevant laws and standards of proof.
- Jury Deliberations and Announcement: The jury deliberates and announces the verdict.
In a bench trial, the judge alone decides the verdict within seven days post-trial.
Sentencing & Appeal
If convicted, sentencing involves the judge determining the appropriate punishment based on the offense's nature, your criminal record, and other factors.
If dissatisfied with the verdict, you can appeal to a higher court, which can order a retrial, uphold the decision, or overturn the conviction.
Common Reasons for Delays
Several factors can delay a criminal case:
- Trial Duration: Complex cases with extensive evidence and numerous witnesses take longer.
- Appeals: Filing an appeal extends the process significantly.
- Criminal Justice System Efficiency: Overburdened prosecution offices may slow proceedings.
- Preparation Time: Both defense and prosecution may request delays to adequately prepare their cases.
How a Criminal Defense Attorney Can Help
Hiring a skilled criminal defense attorney is crucial for navigating the complexities of your case. An attorney can:
- Conduct a thorough case evaluation and investigation.
- Select an unbiased jury.
- Negotiate the best possible plea deal.
- Advocate effectively in court.
Jack Rice Defense in Minneapolis, MN, is committed to fighting for the best outcome, regardless of how long your criminal case takes. Contact us to schedule a free consultation with one of our experienced criminal defense lawyers.
