Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Felony Charges in California: How Long Will You Wait to Go to Trial?

The Constitutions of both the U.S. and the state of California specify that residents have a right to a speedy trial. At Law Office of Michael L. Fell, we know that our clients want to get the trial process over as quickly as possible. It’s a confusing, frightening, and emotional time. You can trust that we will do everything we can to not only resolve your case in the best way possible, but to do so as swiftly as possible.

There are limits on how long you can be in custody without being charged

After you’re arrested, you’ll be arraigned. According to California law, regardless of your charge, whether misdemeanor or felony, you must be brought before a judge “without unnecessary delay.” This means within 48 hours of the time you were arrested, though Sundays and holidays don’t count.

If you’re able to post bail, then you’ll get information about the next time you must appear in court before you’re released. In some cases it can be we weeks or months later than if you’d stayed in custody – it all has to do with the court’s calendar.

Felony charges typically require numerous court appearances

If you’ve been charged with a felony then you’ll need to go to court to enter your plea. During that initial arraignment, you should expect to find out the exact charges against you, be prepared to enter a plea of guilty or not guilty, learn about your rights, and be appointed a criminal defense attorney if you can’t afford one.

Next, there’s what we consider an intermediate stage. It comes between the first arraignment described above and your trial. It’s rereferred to by the courts as a preliminary hearing and it is the district attorney’s first opportunity to offer the judge convincing evidence that there’s enough evidence to charge you with the crime you’ve been accused of.

You have the right to have this hearing within ten court days of the day you were initially arraigned. It’s possible to waive your right to this speedy preliminary hearing, but the court is still required to ensure your hearing is set within 60 days of the day you were arraigned, though once again this requirement can be waived.

The judge will then decide if the prosecution has a case

After this preliminary hearing, the judge is going to decide if there is or isn’t enough evidence for you to stand trial for what you’ve been convicted of. If they find that you are, then the DA will file information, which is their formal complaint with all the charges against you. You’ll then be arraigned again based on what’s included in this information.

The prosecutor has 15 days to file this information and the trial must start within 60 days of the day of your final arraignment. When you work with an experienced attorney like Law Office of Michael L. Fell, you can trust that we will ensure your rights are respected. Call us today at (949) 585-9055 for your free case evaluation.