How long do I have to wait for a trial?

You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime.  This right can be waived by asking for additional time for the preparation of your defense.

  • Speedy trial without demand:  In most cases, a defendant will be brought to trial within 90 days of arrest if the crime is a misdemeanor, and within 175 days of arrest if the crime charged was a felony.
  • Speedy trial with demand:  With limited exceptions, every person charged with a crime has the right to demand a trial within 60 days.

A felony is a crime usually punishable by imprisonment for more than one year.  A misdemeanor, on the other hand, is usually punishable by a fine or a year or less of incarceration.  Many prosecutors will consider “plea agreements,” although it is not legally required.  If you do not reach a plea agreement with the prosecutor, your proceedings will move toward the trial stage.  Usually, if you are charged with a crime punishable by six or more months of imprisonment, you have the right to a jury trial.  This right may be waived by pleading guilty or choosing a bench trial (a trial in front of a judge only).  If you request a bench trial, the judge will perform the fact-finding function that is usually performed by the jury.

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