Why Is My Criminal Case Taking So Long? When to Worry and When to Wait

It's been months. Maybe a year. Your case is still "pending." Every court date ends with a continuance. Your attorney says "these things take time." And you're sitting in a holding pattern, unable to move forward with your life, wondering if this will ever end.

You're not alone. This is one of the most common frustrations defendants face. And the answer to "why is this taking so long?" is almost never simple.

But there's a critical difference between a case that's taking long because your attorney is working and a case that's taking long because nobody is doing anything.

Here's how to tell which one you're in.

Normal Timelines (So You Know What to Compare Against)

Every case is different, but here are rough benchmarks:

| Case Type | Typical Timeline | When to Start Asking Questions | |-----------|-----------------|-------------------------------| | Simple misdemeanor | 1-4 months | After 4 months with no resolution | | DUI (first offense) | 3-6 months | After 6 months | | Felony (state) | 6-18 months | After 12 months with no motion activity | | Felony (federal) | 12-24+ months | After 18 months with no clear progress | | Complex multi-defendant | 18-36 months | This is actually normal for complex cases |

These are averages. Your case could be faster or slower depending on:

Complexity of charges
Number of co-defendants
Volume of discovery
Motion practice
Court backlog in your jurisdiction
Whether experts need to be retained

Legitimate Reasons Your Case Is Taking Long

1. Discovery is massive

In drug cases, fraud cases, and federal cases, discovery can include thousands of pages of documents, hours of surveillance video, phone records, financial documents, and more. Reviewing all of this takes time — and rushing it means missing things.

How to tell it's legitimate: Your attorney can tell you specifically what they're reviewing. "We received 15,000 pages of discovery last month and we're working through the financial records." That's a real answer.

2. Strategic delay is in your favor

Sometimes delay works for the defense:

Witnesses' memories fade
Evidence degrades
The prosecution's star witness moves away or becomes uncooperative
The political climate shifts
A co-defendant takes a deal that changes your position

Your attorney may be deliberately running the clock because time is on your side.

How to tell it's legitimate: Your attorney can articulate why delay helps you. "The CI in your case has pending charges in another jurisdiction. We're waiting to see if those charges affect their credibility."

3. Motions are being litigated

Motion practice takes time. Your attorney files a motion. The prosecution responds. Your attorney replies. The judge schedules a hearing. The hearing gets continued. The judge takes it under advisement. Then rules.

A single suppression motion can take 3-6 months from filing to ruling.

How to tell it's legitimate: Check the court docket. Are there actual filings? Is there motion activity? If yes, the case is moving — just slowly.

4. Court backlog

Post-COVID, many courts have massive backlogs. Cases that would have resolved in 6 months now take 12-18 months simply because the court doesn't have enough trial dates, hearing slots, or judicial resources.

How to tell it's the court's fault: Ask your attorney: "Is the delay coming from our side, the prosecution's side, or the court's scheduling?" If it's court scheduling, that's out of everyone's control.

5. Expert retention and analysis

If your case involves forensic evidence, toxicology, accident reconstruction, or other expert analysis, retaining and working with experts takes months.

How to tell it's legitimate: Your attorney has actually retained an expert and can tell you who, what they're analyzing, and when results are expected.

Red Flags: When the Delay Means Nothing Is Happening

Every court date is a continuance with no explanation

One continuance: normal. Two: maybe okay. Five continuances in a row with no explanation? Your attorney is buying time because they haven't done the work.

Ask: "What specific work has been done between the last court date and this one?"

Your attorney can't tell you what's happening

"These things take time" is not an answer. "We're waiting to hear back" is not an answer (waiting from whom? about what?).

A real answer sounds like: "We filed a motion to suppress on January 15th. The prosecution's response is due February 28th. The hearing is scheduled for March 12th."

No motions have been filed

If your case has been open for 6+ months and zero motions appear on the court docket, something is wrong. Even cases that ultimately resolve by plea should have motion activity — because motion practice creates leverage for better plea deals.

You're the one initiating every communication

If the only time you hear from your attorney is when you call them — and even then it takes days to get a callback — your case isn't their priority.

The prosecution is ready but your side isn't

If the prosecution says "we're ready for trial" and your attorney keeps asking for more time without a specific reason, they may not be prepared. And they may never be.

What to Do About the Delay

Step 1: Check the court docket yourself

Many jurisdictions let you look up your case online. Search "[your county] court records" or "[your state] case search." Look at what's been filed. Compare it to what your attorney has told you.

Step 2: Request a case status meeting

Not a hallway conversation. A scheduled sit-down (or phone call) where you go through:

What has been done?
What is pending?
What is the timeline going forward?
What are we waiting for, specifically?

Send the request in writing so there's a record.

Step 3: Ask about your speedy trial rights

In most jurisdictions, you have a constitutional right to a speedy trial. The specific timelines vary by state and whether you're in state or federal court.

Important: In many cases, your attorney has "waived" speedy trial rights through continuance agreements — sometimes without explicitly telling you. Ask: "Have my speedy trial rights been waived? If so, when and why?"

Step 4: Get a timeline in writing

Ask your attorney to give you a written timeline: "Based on where we are right now, what is the expected timeline for the next 3-6 months?" A competent attorney can give you a rough roadmap. An attorney who's been coasting will struggle.

The Emotional Cost of Waiting

Here's something nobody talks about: the waiting is its own punishment.

You can't move. You can't plan. You can't take that job because what if you have to go to prison? You can't buy that house because what if you lose everything? Every decision gets filtered through "but what about my case?"

That limbo is real. And it's brutal. And it's one more reason why holding your attorney accountable for progress — not just activity, but real progress — matters.

You deserve to know what's happening. You deserve a timeline. You deserve straight answers.

And if you're not getting them, that's a signal to dig deeper.

This is legal information, not legal advice. We are not attorneys and do not provide legal representation. Timeline estimates are general guidelines only — consult your attorney about your specific case.