Why does it take so long for someone to go to trial?
Asked by: Georgette Kuhn | Last update: November 14, 2025Score: 4.1/5 (18 votes)
Once a case is filed it begins a long process of discovery and preparation for trial. How far out that trial will be set can be affected by many factors, including the type of case, the complexity of the case, and the existing docket of the court in which the case is filed.
Why do trials take so long to happen?
The wheels of justice turn slowly, and for some cases, they seem to grind to a complete halt. The reasons for this can be myriad: overworked judges, crowded court dockets, and complex legal issues can all contribute to delays. But sometimes, it's the sheer weight of the evidence that causes a case to drag on for years.
What's the longest you can wait for a trial?
18 U.S.C. § 3161(b). Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later.
Why do trials keep getting delayed?
During trials, delays may occur for many reasons. For example, a witness may be delayed, or the judge may take time to look up the law on a point that has just been raised, or the lawyers may be presenting an argument or point of law to the judge that must be argued away from the jury.
How long do most trials take?
How long does a trial take? The length of each trial varies depending on the type of trial, the complexity of the issues involved with that trial, and how long jurors are expected to spend in deliberations. Most trials are completed within a few days to a week.
Why Does it Take So Long to Go To Court
How long does it typically take to get to trial?
In federal court it is pretty routine to have a case set for trial within 12-18 months of filing. In state courts, however, the amount of time it takes to get to trial can vary widely county to county.
What are the odds of going to trial?
There are many, many other cases which never get filed with the court because they are settled prior to filing a lawsuit through settlement negotiations. Ultimately, if you have a reasonably strong case, there is less than a 5% chance your case will go to trial. So what happens to all the cases that never go to trial?
How long can a lawyer delay a trial?
There is no hard and fast rule set out in the US Constitution that defines how long is too long for a delay. However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant's claim that their right to a speedy trial is being denied.
Why do courts drag out cases?
Delaying the trial can serve many purposes. If the delay is based on proper reasons, it may allow the defense and the government to adequately prepare for the trial. For example, both sides can have ample time to gather and review evidence in the case.
Why do some cases not go to trial?
But most cases end pursuant to a plea bargain. Plea deals often make sense for both sides. The government doesn't have the resources to try every case. Plus, it sometimes doesn't want to run the risk of acquittal.
How long do you go to jail before a triaL?
Because pretrial detainees are often the poorest of the poor, most are held because they cannot make bail. And while the average stay is about 26 days (about 3 and a half weeks), most are released on the day of arraignment or within one week.
How many times can a felony case be reset?
Resetting a Felony Case
The number of times a case can be reset depends on the circumstances. For example, if a defendant has a court-appointed public defender, they can automatically reset the case three times. However, a criminal defense attorney who you hire on your own can automatically reset a case four times.
Can an indictment be dismissed?
Even after an indictment, if it becomes apparent that there is insufficient evidence to prove the charges beyond a reasonable doubt, the prosecution may choose to drop the charges. This could happen if: Key evidence is ruled inadmissible by the court. Further investigation reveals flaws in the evidence.
What is the longest you can wait for a trial?
- in misdemeanor cases, a defendant has the right to go to trial within 30-45 days of his arraignment.
- in felony cases, a defendant has the right to go to trial within 60 days of his arraignment.
Why do lawyers delay cases?
It's frustrating when a legal case takes a long time to settle, but there are many reasons why your lawyer might need more time. They could be busy collecting evidence, dealing with complicated legal issues, or negotiating with the other side. Sometimes, waiting a bit longer can even result in a better outcome for you.
How often do cases actually go to trial?
The vast majority of cases resolve with a plea bargain prior to trial. It is rare that criminal case goes to trial. Typically, less than ten percent, maybe five percent of cases actually go to trial.
What makes a court case weak?
Lack of evidence
If the prosecutor does not have enough evidence to prove an element of the crime, then that is a strong sign that they have a weak case. If they have no evidence at all to prove an element of the crime, the district attorney should drop the charges.
Why do lawyers not want to go to trial?
The majority of attorneys feel like they do not want to go to trial, because many of them feel like they do not have the experience, or talent to have a chance at winning. Secondly, many of the attorneys feel like they do not make money if they go to trial that it is taking too much time away from their office.
What is the most popular reason that cases get dismissed?
One of the most common reasons for the court to dismiss a criminal case is insufficient evidence.
Why would a trial be delayed?
Other times, each side might have requested a delay for its own reasons at various times - for example, an attorney might need time to gather more evidence, or a witness might not be available for trial on that date, or there might be a scheduling conflict.
What types of lawyers don't go to trial?
There are many types of lawyers that rarely (if ever) go into court, as the scope of their work does not require it. These may include estate planning lawyers, labor lawyers, personal injury lawyers, and bankruptcy lawyers.
What happens if a lawyer loses a trial?
#1.
If they don't win your case, then they don't get paid a fee. Generally, a contingency fee agreement is a win-win arrangement for both lawyers and personal injury victims. Clients can access justice despite limited resources, as paying the attorney depends on winning the case.
Do you wait in jail for trial?
The criminal justice system can be very slow. It may take weeks or months after an arrest before your court date. During this time, the court could keep you behind bars for pretrial detention. The court can also release you with a promise to appear or make you put up money as security for pretrial release.
What percentage of cases settle before trial?
Kiser, principal analyst at DecisionSet, states, “The vast majority of cases do settle — from 80 to 92 percent by some estimates.” Other sources even claim that this number is closer to 97 percent. However, not all cases are created equally.
How often do defendants win?
In both Federal and large State courts, conviction rates were the same for defendants represented by publicly financed and private attorneys. Approximately 9 in 10 Federal defen- dants and 3 in 4 State defendants in the 75 largest counties were found guilty, regardless of type of attorney.