How Long Do Criminal Trials Last?
Every criminal defendant has the right to a trial by jury and to be represented by counsel. While it may take a case up to one year to go to trial after charges are pressed, other aspects affect how long the trial itself will last.
At Ryan Beasley Law, we have experience defending individuals from the arraignment through appeal. Our Greenville criminal defense lawyers will advocate for you until you are walking away free of any charges.
What Happens During a Trial?
During the trial, both sides present opening statements, and then the prosecution and defense will present evidence and call on witnesses to testify. The burden is on the prosecutor to prove that you committed the charged crime.
Once both sides have presented evidence and made closing arguments, the jury will enter deliberations. Once the jury has reached a verdict, all parties will be called back into the courtroom. Typically, the jury foreperson will read the verdict aloud to the court. In criminal trials, the verdict must be unanimous.
With the complexity of presenting evidence and coordinating witnesses, any issues that occur can extend the length of your trial. To ensure that your case moves as seamlessly as possible, you will want to consult with our Greenville criminal defense lawyers.
Factors Determining Case Length
Most cases are resolved during pre-trial, with only approximately 10 percent of cases reaching the courtroom. For those cases that do reach trial, there are several factors that will affect trial length:
Severity of the Crime
If you are being tried for a misdemeanor, your trial will likely be much shorter than if you are facing trial for a felony.
Available Evidence
A trial will last longer if there is a large amount of evidence to present and witnesses to testify. Trials that have less available evidence will generally be shorter.
The Caseload of the Court System
Depending on the backlog of the court system, your case may not reach trial for several months. Tennessee criminal courts are notorious for congested dockets, with the issue only being exacerbated with the pandemic.
Appeal
If you decide to appeal the verdict, your case will be heard by the Tennessee Court of Criminal Appeals. A panel of three judges will hear your case. At appeal, the judges will review the case, but no new evidence will be presented, and no witnesses will be called to the stand. While you must file for an appeal with the appellate court within 30 days of the trial verdict, the appeals court may take several months or even almost a year to issue their decision.
Sentencing
If the jury finds you guilty, the judge will decide your punishment. If you take a plea bargain, the judge must sign off on its terms. While state laws specify sentence lengths for particular offenses, a judge can decide to reduce a sentence length at the justice’s discretion. However, if the district attorney is seeking life without parole or the death penalty, the jury will determine the sentence.
Facing Criminal Allegations? Speak with our Greenville SC Criminal Defense Lawyers Now
Our legal team prides itself on taking a small number of cases, giving each its deserved attention. If you are facing allegations of a criminal offense, do not hesitate to reach out to our legal team. To learn more, contact us online or call 864-679-7777.