How Long Does It Take to Resolve a Criminal Case?
John Reade: In Josephine County, like most other counties, they have certain procedures. In Josephine County, they have what is called a Status Hearing, the status hearing is a court appearance that is scheduled about thirty days after the person’s initial court appearance. The status hearing is kind of a court self-imposed deadline. A judge wants to know at the status hearing whether a case is going to be resolved or has to be set for trial.
Attorneys Need Time to Determine What the Best Resolution of a Case Will Be
In Josephine County, it is not uncommon for an attorney to ask that the status hearing be postponed because he or she needs more time to investigate; to talk to witnesses, to gather information or acquire documents, before speaking to a deputy district attorney about the case. Frequently, an attorney needs to make sure they have enough time to determine what the best resolution would be, for each individual case.
I have had cases get resolved in thirty days. I also have had cases that have taken two, three or more months to resolve. How long it takes to resolve a case depends on the seriousness of the charge, how many charges and the legal and the factual issues.
Going To Trial: You May not Have a Trial Date for Three or More Months
The time to resolve a case becomes protracted when the case has to be scheduled for a trial. Sometimes, especially when the person is not in custody, the trial may be scheduled three to nine months out; depending on the court docket.
The Different Types of Felony and Misdemeanor Charges
Interviewer: What are the different types of Felony and Misdemeanor charges?
John Reade: Misdemeanors are less serious than felonies. For misdemeanors, they have Class A misdemeanor which are considered the most serious. A Class B misdemeanor would be the next most serious; and a Class C misdemeanor would be the least serious.
Felony class follows the same format. A class Felony is considered to be the most serious; a B Felony is the next most serious and a C felony is the least serious. When I say serious, I mean as far as potential jail or prison time and the potential maximum fine.