Timeline to Resolve New Criminal Cases in Dallas County

Introduction

The timeline to resolve new criminal in Dallas County cases varies. Several factors, including the type of offense and individual court policies, can affect the timeline. Understanding the difference between misdemeanor and felony cases, the statute of limitations, and the indictment process is essential to estimating how long your case might take.

Misdemeanor vs. Felony Cases: What’s the Difference?

Misdemeanors

Misdemeanors are less serious crimes, such as traffic tickets, small-time theft, or possession of small amounts of marijuana.

They carry far less punishment than felonies. In most cases, a misdemeanor conviction will have less of a negative effect on the accused than a felony.

Felonies

Felony cases, on the other hand, are more complex and serious. They include crimes such as burglary, assault, or murder.

Felony cases take longer to resolve because they require more thorough investigations and can involve multiple court hearings.

If a court convicts you of a felony, you will lose the right to vote and carry firearms for life. There are other equally severe consequences. In most cases, since the stakes of a conviction are higher, felonies will take much longer to resolve.

Statute of Limitations for Criminal Cases

The statute of limitations sets a deadline for when the state must charge someone with a crime.

For misdemeanors in Texas, the statute of limitations is typically two years. This means prosecutors have two years from the date of the offense to file charges. For family violence charges, however, the state has three years to file charges.

Felonies have longer statute of limitations periods, which vary based on the severity of the offense.

Most felonies have a three year statute of limitations.

The most serious offenses, such as sexual assault and murder, have no statute of limitations.

Other serious crimes like aggravated robbery have a ten-year window. Theft-relate felonies typically have a 5-year stature of limitations.

Consult with your attorney to see which one applies in your case.

The Indictment Process in Felony Cases

Felony cases follow a more formal process than misdemeanors.

The State must present evidence to a grand jury before they can formally file felony charges.

The grand jury then reviews the evidence and decides whether to issue a “True-Bill of Indictment” against the defendant. This means that the State has sufficient evidence to proceed with the case.

If the grand jury does not believe the State has sufficient evidence, then they will issue a “No True Bill of Indictment.” If this happens, then the case is over.

The grand jury process can take weeks, months, or even years depending on the case’s complexity. The state has until the end of the statute of limitations period to present their case to the grand jury. However, this process typically takes between 6-12 months.

Misdemeanor = No Indictment

There is no grand jury for misdemeanor cases.

If the police arrest someone for a misdemeanor, the DA’s Office may immediately file the charges without going to the grand jury.

The filing deadline is still subject to the statute of limitations. In Dallas County, the time it takes the DA’s Office to file a case varies significantly. This process can take up to two years, but more commonly takes between 3-8 months.

Plea Negotiations

If the DA files charges, the case moves forward to plea negotiations.

The District Clerk’s office will assign the case to a specific court. The Judge of that court will then have their court coordinator assign the case an initial court date.

This first court date is the “Arraignment,” where the judge formally tells the defendant exactly what they are charged with, the range of punishment, and other rights they might have.

Defense attorneys might also use the arraignment to request evidence and begin their case review.

After the arraignment, the prosecutor assigned to that court and the defense attorney will begin plea negotiations.

In Dallas County, Judges typically do not allow more than 4 additional court dates after the arraignment for the two parties to either agree to a plea bargain or schedule the case for a trial.

There is usually a month between court settings. Therefore, the plea bargain process will take at least 5 months to complete. This is the minimum, however, since either party or the court can request additional time if some special circumstance arrises. This most commonly happens if there is a delay with obtaining some critical piece of evidence or if a new attorney takes over the case.

Trial

If the two parties cannot reach a plea bargain agreement, then the prosecutor will either dismiss the case, or the parties will schedule the case for a trial.

In Dallas County, it can sometimes take several months for the court to fit a case into their trial schedule. When a trial date arrives, however, this doesn’t necessarily mean that the court will hear your case on that day. Due to the high volume of trials scheduled in Dallas County, judges will often schedule more than one trial for the same day. Judges do this because plea agreements often occur at the last moment and they do not want to “burn” a trial day in such a case. After all, the county summoned hundreds of potential jurors and they do not want to waste their time.

Judges will typically give precedence to the oldest case in case of conflicting dates. However, the judge might also give precedence to a newer case if it involves a significant number of witnesses and difficulty scheduling expert witnesses.

This process might repeat itself several times before the court hears your case. This is highly court specific. Set aside another 6-12 months for this process.

Conclusion: Estimating How Long a Criminal Case Will Take

Ultimately, misdemeanor cases are quicker to resolve than felony cases. Factors like the statute of limitations and the indictment process play significant roles in determining the timeline.

A misdemeanor may wrap up in a few months, while a felony could take much longer to resolve. Each case is unique, and it’s crucial to consult with a criminal defense attorney to better understand how long your case might take.

As a general rule, expect a misdemeanor case to take up to a year to resolve. Expect a felony to take between a year and two years. If you are facing a more complex case, such as sexual assault or murder, then the timeline can be even longer.

As always, consult with an attorney to get a better idea of how the timeline for your case might proceed. In fact, you can call Carter Criminal Defense today for a free consultation. Our staff attorney’s will give you the best estimate possible.