Why Cases Take Time

In everyday life, we're used to fast answers: a text back in minutes, a package in two days. A criminal case doesn't work that way. Weeks can pass with no news, and that can feel frightening. It helps to know that this is normal, and that the time is often used to your advantage.

Why the court moves slowly

• Evidence takes time to gather. Police reports, body-camera and patrol video, 911 recordings, phone records and witness statements all have to be requested, collected and shared with the defense. This sharing is called discovery.
• Labs are busy. Blood, drug and DNA tests are sent to crime labs that handle cases from many places. Results can take a long time.
• Courts handle many cases at once. Each court has a long list of cases (its docket), so court dates are usually set weeks apart.
• Many steps need several people. A judge, the prosecutor, your attorney, and sometimes witnesses, probation officers or experts all have to be available.
• Felonies have extra steps. A grand jury usually has to review a felony before it can go forward.

What it means when your case "hasn't been filed yet"

Many people are surprised to learn that being arrested and being formally charged are two different steps. After an arrest, police send their case to the District Attorney's office. A prosecutor then reviews it and decides whether to file a charge, which charge to file, or not to file at all. Until that decision is made, you may be out on bond with no court date yet, and you may hear that your case "hasn't been filed."

Why it can take a while:

• The prosecutor may be waiting for police reports, video, lab results or witness statements.
• The office reviews a large number of cases.
• For a felony, the case usually goes to a grand jury, which meets on its own schedule.

What it does and doesn't mean:

• It does not mean the case has been dropped. A charge can still be filed later, as long as it is within the time the law allows.
• Your bond and bond conditions usually still apply, even with no court date.
• It can be an opportunity. Before a charge is filed, your attorney may be able to talk with the prosecutor or share information that leads to a lesser charge or no charge at all.

If you were arrested and haven't received a court date, call us. We can check the status of your case and talk with you about what can be done now.

Why that time often works in your favor

A fast case is not always a good case. Time gives the defense room to work:

• Your attorney can review everything. Problems with a traffic stop, a search, a lab test or a witness's story often only show up after careful review.
• Evidence can be challenged. If evidence was gathered the wrong way, your attorney may ask the judge to keep it out. That takes preparation.
• There is room to negotiate. Talks with the prosecutor can lead to a dismissal, a lesser charge or a program, and they often happen over several court dates.
• You can show who you are. Time lets you finish classes or treatment, keep working, and gather letters of support. That can matter to a prosecutor or a judge.

Waiting is not always easy, and sometimes it truly hurts, for example when someone is in jail or under a no-contact order. When delay is harming you, your attorney can talk with you about asking the court to change bond conditions or to move the case along.

Why you won't hear news every week

Much of a case happens quietly: waiting for a lab report, reviewing video, talking with the prosecutor. Many court dates are short check-ins where the case is simply reset to a later date. Long quiet stretches are normal, and they usually don't mean something is wrong.

What you can do while you wait

• Go to every court date, even if you expect it to be short. Missing one can lead to a warrant.
• Follow every bond condition, even if it feels unfair. Your attorney can ask to change it.
• Keep your papers together: bond papers, court notices and anything you receive by mail.
• Don't talk about your case with anyone but your attorney, and don't post about it on social media.
• Write down questions as they come up, and send them through MyCase.
• Tell us right away if your phone number, address or job changes.

New to the words you're hearing in court? See Legal Terms, Explained.

This page is general information, not legal advice. Every case is different, and the steps and timing depend on the charges, the court, and the facts.