How Long Does a Criminal Case Take in California? A Realistic Timeline From Arrest to Resolution

Q: How long does a misdemeanor case take in California?

Usually two to six months, sometimes longer. The statutory deadline under Penal Code section 1382 is 30 days from arraignment for an in-custody defendant and 45 days for an out-of-custody defendant, but most defendants waive time to review discovery and negotiate. Cases that go to trial, involve lab evidence, or enter diversion take longer. A case resolved through misdemeanor diversion can stay open for up to 24 months before it is dismissed.

Q: How long can the prosecutor wait to file charges after an arrest?

Up to the statute of limitations. Most misdemeanors must be filed within one year under Penal Code section 802 and most felonies within three years under Penal Code section 801, with longer periods for serious crimes. If no case is filed by your first court date, the prosecutor can still file later, so you should check the court's online case index periodically and keep your address current with the agency that arrested you.

Q: Can a case be dismissed because it took too long?

Yes, in the right circumstances. A misdemeanor not brought to trial within the deadlines of Penal Code section 1382 without a time waiver or good cause must be dismissed, and a long unexplained delay in arresting a defendant after a complaint is filed can justify dismissal under Serna v. Superior Court (1985) 40 Cal.3d 239. Pre-filing delay that causes actual prejudice can also support a motion to dismiss. These motions depend on the specific dates and the reasons for the delay, so keep every document showing when things happened.

Q: Does hiring a lawyer make a criminal case go faster?

Often, and it almost always makes the result better. A lawyer can obtain discovery early, appear for you under Penal Code section 977 in misdemeanor cases so you do not miss work, identify the right motion or diversion program at the first conference, and present mitigation that produces an earlier offer. Just as important, a lawyer knows when a slower pace serves you, such as waiting for a lab result that may help or letting a reluctant witness's availability become the prosecutor's problem.

Daniel Gramling, Esq.

6 minutes ago

11 min read

The short answer: a misdemeanor case in California typically takes a few months from arraignment to resolution, a felony case typically takes six months to more than a year, and a serious felony that goes to trial can take two years or longer. Those are practical ranges, not legal limits. The law actually guarantees a much faster schedule under Penal Code section 1382, but almost every defendant waives those deadlines because the defense usually benefits from time to obtain discovery, investigate, file motions, and negotiate. This guide explains each stage, the deadline that applies to it, why cases at the Riverside Hall of Justice, the San Bernardino Justice Center, and the Clara Shortridge Foltz Criminal Justice Center in Los Angeles take as long as they do, and what you can do to move yours.

Stage One: From Arrest to the Filing of Charges

An arrest is not a charge. After an arrest, the police send a report to the prosecuting agency, which decides whether to file charges, what to file, and whether to file at all. If you were released with a citation under Penal Code section 853.6 or posted bail, your first court date may be several weeks out, and it is common to arrive at the Rancho Cucamonga or Van Nuys courthouse and learn that no case has been filed yet. If you were held in custody, Penal Code section 825 requires that you be taken before a judge within 48 hours, excluding Sundays and holidays, and the prosecutor must file or release you. We describe what prosecutors weigh at this stage in What Prosecutors Look At Before Filing Criminal Charges in California

The filing deadline is the statute of limitations, not your court date. When charges are not filed by the first date, the case is not over. The prosecutor generally has one year to file most misdemeanors under Penal Code section 802 and three years to file most felonies under Penal Code section 801, with longer periods for serious crimes. Cases that depend on a crime lab, such as DUI blood cases, drug cases, and anything involving DNA, frequently sit for months while the results come back, and the charge arrives in the mail as a letter to appear. This waiting period is also when a defense attorney can present mitigating information to the filing deputy and sometimes prevent a filing or reduce it.

Stage Two: Arraignment and the Speedy Trial Clock

Arraignment starts the statutory clock. At arraignment you are told the charges, enter a plea, and address release conditions. We walk through the appearance itself in What Happens at Arraignment in Riverside County? and in Charged in California? What Happens Next in Criminal Court Once a not guilty plea is entered, Penal Code section 1382 requires the case to be dismissed if it is not brought to trial within set periods, unless you consent to a later date or good cause exists.

The misdemeanor deadlines. A misdemeanor defendant who is in custody must be brought to trial within 30 days of arraignment, and a defendant who is out of custody within 45 days. In practice, most misdemeanor cases at the Long Beach, Pomona, or Fontana courthouses have at least one pretrial conference before trial is set, and the defense usually waives time so that discovery can be reviewed and an offer evaluated, as we describe in What Is a Pretrial Conference in a California Criminal Case? A misdemeanor that does not resolve at the pretrial stage is often tried within three to six months of arraignment.

The felony deadlines. A felony defendant has a right to a preliminary hearing within 10 court days of arraignment and, in any event, within 60 calendar days under Penal Code section 859b, unless the defendant waives time. If the magistrate holds the defendant to answer, the prosecutor files an information within 15 days under Penal Code section 739, the defendant is arraigned again, and trial must begin within 60 days of that second arraignment under Penal Code section 1382. We explain the preliminary hearing in What Actually Happens at a Preliminary Hearing in California?

Why Almost Everyone Waives Time

A time waiver is a strategic choice, not a surrender. When your attorney says "waive time" in court, you are consenting to a trial date beyond the statutory period. Defendants waive time because the prosecutor's initial discovery is rarely complete, because body camera footage, lab reports, and phone extractions take weeks to arrive, and because motions to suppress evidence under Penal Code section 1538.5 need time to prepare. Insisting on a speedy trial before the defense has the evidence usually helps only the prosecution. A general time waiver stays in effect until withdrawn; a specific waiver sets a new deadline a fixed number of days past a chosen date.

When refusing to waive time makes sense. A defendant in custody on a weak misdemeanor, a case where the prosecutor's key witness is unavailable, or a case where the lab results are not back may be better served by holding the prosecutor to the deadline. Prosecutors at the Southwest Justice Center in Murrieta or the Central Justice Center in Santa Ana who cannot be ready within the statutory period must either dismiss or show good cause for a continuance under Penal Code section 1050, which requires a written motion and a showing of diligence. A dismissal for violation of the speedy trial statute is a real outcome in misdemeanor cases, although the prosecutor can often refile a felony once under Penal Code section 1387.

The constitutional right is separate. Beyond the statute, the Sixth Amendment and the California Constitution guarantee a speedy trial, and long pre-filing or pre-trial delay that prejudices the defense can justify dismissal under the balancing test in Barker v. Wingo (1972) 407 U.S. 514. For misdemeanors, the California Supreme Court held in Serna v. Superior Court (1985) 40 Cal.3d 239 that an unexplained delay of more than a year between the filing of a complaint and the arrest or arraignment is presumptively prejudicial. These motions matter in old bench warrant cases, which we discuss in What Happens If You Miss Court in California

Stage Three: Discovery, Motions, and Negotiation

Discovery drives the calendar. Under Penal Code section 1054.1, the prosecutor must disclose witness statements, reports, exculpatory evidence, and the results of tests, and under Penal Code section 1054.7 disclosures are due at least 30 days before trial. In the real world, the first pretrial conference is often continued because the agency has not yet produced video or the lab has not finished. Each continuance is typically four to eight weeks, which is how a simple misdemeanor in Riverside or San Bernardino can stretch past six months without anyone acting in bad faith.

Motions add time but change outcomes. A suppression motion, a motion to set aside the information under Penal Code section 995, a motion for discovery of officer personnel records under Evidence Code section 1043, or a motion to dismiss in the interest of justice under Penal Code section 1385 each requires briefing and a hearing date, and courts in Los Angeles County often set those hearings a month or more out. The delay is worth it when the motion can end the case or force a better offer, as we explain in How to Get Criminal Charges Dismissed in California and What Is a 1538.5 Motion?

Diversion adds months by design. Misdemeanor diversion under Penal Code section 1001.95 can last up to 24 months, and mental health diversion under Penal Code section 1001.36 can last up to two years for a felony. The case stays open while you complete the program, and the reward at the end is a dismissal and, in most cases, an arrest record that is treated as if it never occurred. A longer case with a dismissal is almost always better than a quick conviction, as we explain in Misdemeanor Diversion in California: Penal Code 1001.95 and Mental Health Diversion in California: Penal Code 1001.36

Plea negotiations follow the evidence. Offers in most Southern California courthouses improve as the defense exposes weaknesses, and prosecutors frequently make their best offer on the eve of trial when witness problems become real. That dynamic rewards patience, within limits, as we discuss in Should You Take a Plea Deal in California? A defendant who wants the case over quickly can usually get a disposition at the first or second pretrial conference, but the fast offer is rarely the best one.

Stage Four: Trial, Sentencing, and What Comes After

Trial dates move. Even after time is waived and a trial date is set, cases are frequently trailed because no courtroom is available, a witness is unavailable, or a co-defendant's case is not ready. A misdemeanor jury trial usually takes two to five court days; a felony trial can take one to several weeks. We walk through the process in How Does a Criminal Jury Trial Work in California?

Sentencing follows conviction, sometimes weeks later. After a plea or verdict, sentencing in a misdemeanor case often happens the same day, while felony sentencing is set several weeks out so the probation department can prepare a report under Penal Code section 1203. Probation then runs for up to one year on most misdemeanors under Penal Code section 1203a and up to two years on most felonies under Penal Code section 1203.1, with longer periods for certain offenses. We cover the hearing in How Does Sentencing Work in California Criminal Court?

The record cleanup timeline. Once probation ends, or earlier if the court terminates it under Penal Code section 1203.3, most defendants can petition for dismissal under Penal Code section 1203.4 using form CR-180, and a wobbler can be reduced first under Penal Code section 17, subdivision (b). Counting from arrest, the full arc of a misdemeanor case through probation and dismissal is often two years, and a felony is often three or more. See How to Expunge a Criminal Record in California and How to Reduce a Felony to a Misdemeanor in California

What Makes a Case Take Longer

Custody status. In-custody defendants move faster because the statutory deadlines are shorter, the court prioritizes them, and the defense has less reason to wait. Out-of-custody defendants in cities such as Corona, Ontario, and Santa Clarita often prefer a slower pace that lets them keep working while the case is resolved, as we explain in How Does Bail Work in San Bernardino County?

Lab work, experts, and digital evidence. Blood toxicology, DNA, firearm examinations, and phone extractions are the most common reasons a case stalls, and both sides may need experts to review the results. A DUI blood case or a drug sales case frequently cannot be evaluated until the lab report arrives, which is why DUI cases at the Torrance courthouse or the Victorville courthouse can take longer than a simple theft, as we describe in Arrested for DUI in Torrance? What to Expect at the Torrance Courthouse

Competency, co-defendants, and courthouse congestion. If a doubt arises about a defendant's competence to stand trial, proceedings are suspended under Penal Code section 1368 until the issue is resolved, which can add months. Multi-defendant cases, such as a robbery with several participants, move at the pace of the slowest defendant, as we note in Is Robbery a Strike in California? Large courthouses such as the Clara Shortridge Foltz Criminal Justice Center and the Riverside Hall of Justice also carry heavy trial calendars, and the number of available courtrooms, not the law, often sets the real trial date.

How to Move Your Case Faster Without Hurting It

Get counsel before the first date. A lawyer retained during the pre-filing period can request discovery early, contact the filing deputy, and sometimes resolve a case at arraignment when that is in your interest. We discuss the choice in Do I Need a Lawyer for a Misdemeanor in California?

Do the work early. Completing classes, treatment, community service, or restitution before the prosecutor asks gives your attorney something concrete to present at the first pretrial conference and often produces an earlier and better offer. Judges at the San Bernardino Justice Center and the Riverside Hall of Justice notice defendants who start early.

Show up and stay in touch. Missed court dates add bench warrants, new charges under Penal Code section 1320, and months of delay. Keep your contact information current with your attorney, confirm every date, and never assume a case went away because you did not hear anything, since a complaint can be filed long after the arrest.

Frequently Asked Questions

How long does a misdemeanor case take in California?

Usually two to six months, sometimes longer. The statutory deadline under Penal Code section 1382 is 30 days from arraignment for an in-custody defendant and 45 days for an out-of-custody defendant, but most defendants waive time to review discovery and negotiate. Cases that go to trial, involve lab evidence, or enter diversion take longer. A case resolved through misdemeanor diversion can stay open for up to 24 months before it is dismissed.

How long does a felony case take in California?

Usually six months to more than a year, and longer for serious felonies that go to trial. The preliminary hearing must be held within 10 court days and 60 calendar days of arraignment under Penal Code section 859b, and trial within 60 days of the arraignment on the information under Penal Code section 1382, unless time is waived. Nearly all felony defendants waive time so the defense can investigate, obtain expert review, and litigate motions.

How long can the prosecutor wait to file charges after an arrest?

Up to the statute of limitations. Most misdemeanors must be filed within one year under Penal Code section 802 and most felonies within three years under Penal Code section 801, with longer periods for serious crimes. If no case is filed by your first court date, the prosecutor can still file later, so you should check the court's online case index periodically and keep your address current with the agency that arrested you.

What does it mean to waive time in a criminal case?

You agree to a trial date beyond the statutory speedy trial deadline. A time waiver under Penal Code section 1382 gives the defense time to obtain discovery, investigate, file motions, and negotiate, which is why most defendants waive. A general waiver lasts until it is withdrawn, after which the prosecutor has a set number of days to bring the case to trial. You can withdraw the waiver when the defense is ready and the prosecution is not.

Can a case be dismissed because it took too long?

Yes, in the right circumstances. A misdemeanor not brought to trial within the deadlines of Penal Code section 1382 without a time waiver or good cause must be dismissed, and a long unexplained delay in arresting a defendant after a complaint is filed can justify dismissal under Serna v. Superior Court (1985) 40 Cal.3d 239. Pre-filing delay that causes actual prejudice can also support a motion to dismiss. These motions depend on the specific dates and the reasons for the delay, so keep every document showing when things happened.

Does hiring a lawyer make a criminal case go faster?

Often, and it almost always makes the result better. A lawyer can obtain discovery early, appear for you under Penal Code section 977 in misdemeanor cases so you do not miss work, identify the right motion or diversion program at the first conference, and present mitigation that produces an earlier offer. Just as important, a lawyer knows when a slower pace serves you, such as waiting for a lab result that may help or letting a reluctant witness's availability become the prosecutor's problem.

Talk to a Criminal Defense Lawyer About Your Timeline

Gramling Law Group defends misdemeanor and felony cases at the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the San Bernardino Justice Center, the Rancho Cucamonga and Victorville courthouses, the Clara Shortridge Foltz Criminal Justice Center, Van Nuys, Torrance, the Central Justice Center in Santa Ana, and courthouses throughout the Inland Empire, Los Angeles County, Orange County, and Southern California. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so you know the cost before the case begins and can plan for the months ahead. Call (909) 654-4575 or contact us through this website for a consultation.

This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.