How long after arraignment is trial?
Asked by: Esteban Ryan | Last update: January 30, 2026Score: 4.4/5 (68 votes)
The time from arraignment to trial varies greatly but often involves several months, with state laws setting deadlines like 30-60 days for a trial to begin, especially if the defendant is in custody, while federal cases and complex situations can take much longer, sometimes over a year, due to investigations, discovery, and court backlogs, but generally, you'll see a pre-trial hearing within 30-60 days.
What is the next court date after an arraignment?
60 days from arraignment to jury trial in felonies unless the defendant waives. 30 days for in-custody misdemeanors and 45 days for out-of-custody misdemeanors.
How likely is it that a case will go to trial?
Likelihood of Your Criminal Case Going to Trial
According to the Pew Research Center, only 2% of defendants for federal crimes go to trial. This study includes misdemeanors and felonies, finding that most defendants took a plea bargain to simplify the process and prevent the unknowns involved with a jury trial.
Does sentencing happen at arraignment?
You can be sentenced at an arraignment if you plead guilty or no contest, especially for minor offenses or if a plea deal is struck, but often you'll plead not guilty and the case moves to future hearings for plea bargaining or trial, with sentencing typically happening later after conviction. If you plead guilty, sentencing might happen immediately or be scheduled for another date, depending on the judge, case, and jurisdiction, though most attorneys advise pleading not guilty initially to allow for review and negotiation.
Which is the most common plea at arraignments?
The most common plea at an arraignment is "not guilty," as it formally contests the charges, preserves the defendant's rights, and buys time for their attorney to review evidence and negotiate a plea bargain, which happens in the vast majority of criminal cases. Pleading "guilty" or "no contest" typically leads to immediate sentencing, so "not guilty" is a standard strategic move, even if the defendant believes they might be guilty.
What happens on my first court date?
Can a case be dismissed during an arraignment?
Yes, charges can be dropped at arraignment if the prosecutor decides not to pursue the case or if there is insufficient evidence. The judge may also dismiss charges for legal reasons. However, most charges proceed beyond arraignment unless a major issue is identified early.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
Do you stay in jail until your arraignment?
In some cases, accused parties are in jail leading up to their arraignment. This hearing could be when the judge decides to release you or set bail. Sometimes—usually in situations where a violent crime occurred, or they believe you are a flight risk—they might decide to deny bail and keep you in jail until your trial.
What not to say to a judge in court?
You should not say anything sarcastic, interrupt the judge, lie, use slang, make personal attacks on others, guarantee outcomes, or speak about things not relevant to the case; instead, remain respectful, address the judge as "Your Honor," answer only the question asked, and be direct and truthful to maintain credibility.
Is it bad if your case goes to trial?
Going to trial isn't bad—it's sometimes the smartest way to get fair compensation when the other side won't offer a reasonable settlement. The upsides are big. Trials give you a shot at higher compensation and a final decision from the court that can't be pushed around by insurance tactics.
What percent of court cases get dismissed?
Many cases are dismissed by lack of cooperation of witnesses, lack of evidence, legal issues, and/or because a defendant qualifies for a conditional dismissal or diversion. Stats have these scenarios taking up 5-8% of all the cases.
Why do most cases never go to trial?
The Uncertainty of Trial Outcomes
A common reason why settlements happen is that trials are unpredictable. No matter how strong your case seems, judges and juries can be unpredictable.
How long is an arraignment usually?
Typically, the First Appearance (Arraignment) is quite brief, just a matter of minutes. However, the total time at court typically is lengthy due to multiple defendants being ordered to appear at one fixed time.
At what point does a case go to trial?
In felony cases, a defendant has the right to a trial within 60 days of arraignment, which usually occurs 48 hours to several weeks after arrest. The period between arrest and arraignment in California can vary from a few weeks to months, depending on whether the defendant is released or bails out.
What is the most typical punishment for a first time felony?
The most typical punishment for a first-time felony often involves probation, community service, fines, and potentially short jail time, depending heavily on the crime's severity and jurisdiction, with judges favoring alternatives to prison for non-violent offenses to give offenders a chance to avoid a permanent record through programs like pretrial diversion. However, serious felonies, especially violent ones or those involving weapons, usually lead to prison time, even for first-timers.
What color do judges like to see in court?
Judges generally prefer neutral, conservative colors like navy, gray, black, and white, as these convey seriousness, respect, and professionalism, avoiding distractions in a formal court setting; bright colors, bold patterns, and overly casual attire should be avoided to show you're taking the proceedings seriously. While some suggest lighter, muted tones (like light blue) might leave a favorable impression, the key is sobriety and fitting in, not standing out.
What shouldn't you tell your lawyer?
You should not tell a lawyer to downplay injuries, admit fault, lie, exaggerate, withhold details, or trash-talk others involved; avoid telling them how to do their job, comparing them to other lawyers, being overly casual (like saying "you guys"), or discussing irrelevant personal info, as honesty is key, but focus on facts and let the lawyer guide strategy, especially regarding admissions or social media posts.
What is the B word for lawyer?
The "B word" for a lawyer, especially in the UK and Commonwealth countries, is Barrister, which refers to a specialist lawyer who argues cases in higher courts, distinct from a solicitor, though other terms like Attorney, Counsel, or even the pejorative "ambulance chaser" can be used, while "Esquire" (Esq.) is a title for any licensed lawyer in the U.S.
Can a case be dismissed after arraignment?
While it's not common for charges to be dropped at an arraignment, it's not impossible. Things like minor offenses, no criminal history, and lack of a victim can improve the chances. But even if charges aren't dismissed right away, the arraignment is still an important step in the case.
What is the hardest criminal case to beat?
There's no single "hardest" case, but generally, homicide (especially first-degree), crimes against vulnerable victims (children, elderly), and sex crimes are incredibly tough due to high emotions, severe penalties, complex evidence, and potential jury bias, making them difficult to defend or prosecute effectively. Other challenging cases involve intricate white-collar crimes with complex financial evidence or highly sensitive matters like treason, which has a very high bar for proof.
What is the 72 hour rule in jail?
The "72-hour rule" in jail generally means law enforcement must bring an arrested person before a judge or file formal charges within 72 hours (excluding weekends/holidays) of arrest, or the person must be released, though this is a guideline, and delays (especially for lab results) can occur. This initial appearance, called a preliminary hearing or arraignment, determines bail and appoints counsel, influencing the case's early direction.
What is the stupidest court case?
We all know the most famous frivolous lawsuit story. Stella Liebeck sued McDonald's back in 1992 when she spilled hot coffee on herself. "But coffee is meant to be hot" we all cry. Dig a little deeper into the case however and it starts to look less frivolous.
How to easily win a court case?
Whether you represent yourself or hire an attorney, there are things you can do to ensure a good result in your case.
- Find the Right Court. ...
- Litigate for the Right Reasons. ...
- Mediate Instead of Litigate. ...
- Communicate With Your Attorney. ...
- Be Willing to Negotiate. ...
- Follow Court Procedures. ...
- You'll Need a Good Lawyer.
What happens to 90% of court cases?
According to the Department of Justice's Bureau of Justice Assistance, "The overwhelming majority (90 to 95 percent) of cases result in plea bargaining."