How Soon Will Your Case Go to Trial? It Depends
If your DUI or drug case may go to trial, you may worry how long it will take to get in front of a jury. Lawyers will tell you that it depends how soon your trial will happen. But the Constitution does guarantee the right to a speedy trial – though the definition of “speedy” is up for debate.
Courtroom Scheduling Greatly Affects Trial Dates
In criminal court, judges may hear hundreds of cases in a week. A trial can take hours or days to complete, meaning the judge cannot hear other cases during that time. As a result of judges’ packed calendars, trials may not take place for months or even years after prosecutors first press charges.
If someone pleads not guilty when he or she is initially charged with a crime, then the court may set further hearing dates and even a trial date. Often there is a period of time for the prosecutor and the defense lawyer to exchange documents and information, as well as file any necessary motions. The initial trial date could get changed along the way depending on what happens in the case. So do not count on an initial trial date being the final date for trial.
The Right to a Speedy Trial
Despite the courtroom backups and scheduling issues, all criminal defendants in the United States have the right to a speedy trial. The Constitution guarantees this right in the Sixth Amendment. However, the language says nothing about what “speedy” means. Many states have adopted definitions of how long prosecutors have to bring a case to trial. If they do not make it to trial by the deadline, then they must drop the charges.
In Oklahoma, criminal cases must be brought to trial within one year if the defendant is held in jail. 22 O.S. § 812.1. If the crime is a felony and the defendant is out on bond, then the case must be brought to trial within 18 months. If not, then the court must immediately hold a hearing to determine if the defendant’s right to a speedy trial is being protected.
Unfortunately, trial can still take up to or even beyond the limits established by the law. Criminal defendants can benefit by finding lawyers who advocate for their cases. This could include bargaining for plea deals that decrease the punishments for the crime, or it could include moving along the criminal process so that trial can happen sooner. If you are facing criminal charges, reach out to a criminal defense lawyer in your area.
Have you been charged with a DUI or drug crimes in Oklahoma? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and inside knowledge to defend drivers, can advise you on your options. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.