How long before a decision is made on my relative's case? 7 Answers as of February 20, 2012

On felonies the statute of limitations is a minimum of three years. If a misdemeanor they must file in one year.

I have to assume that charges have been filed and your relative is now in the criminal justice process. Different time limits apply to different procedural stages along the way from arraignment on the complaint to trial. Most defendants give what is called a general time waive. This means that the ordinary time limits do not apply and the next stage of the hearing can be set at any time no matter how long it takes. This usually happens when the case is serious, complicated, or the client is out of custody, giving the attorneys time to prepare the case and schedule the hearings and trial. If the client revokes his time waiver, the limits begin from that point in time. So, for instance, if he is past the preliminary hearing and waiting a trial date, generally, the prosecutor has 60 days (can be a little more complicated that this) within which to bring him to trial. If the client has never given a time waiver, from start to finish - that is, from initial arraignment on the complaint to trial, the limits add up to be roughly 3 months. I hope this helps. His attorney should be able to answer these questions for him.

Your relative has statutory rights to a speedy preliminary hearing and trial. They can only continue the case with his agreement and consent. This may be a tactical decision that he and his attorney have made - there's no way to guess as to what the evidence is or the reason for the delays. Only the attorney that actually represent your family member can answer.

If charges are filed, your relative has a right to a speedy trial. Often times defendants waive this right, but if they want to move forward with the trial as soon as possible, then they can lift their time waiver (if one was entered with the court) and set the matter for trial. The D.A. Can then move to dismiss the charges without prejudice in an attempt to refile at a later time within the statutory period, but depending on the situation, that can be fought as well.

Every person has speedy trial rights. If the case keeps getting pushed back, he/she must be waiving time. The DA cannot push anything back unless the defendant consents to waive time.

As long as your relative waives time or the DA can convince the court there is good cause, the case can await tril for as long as the court is willing to give the DA.

The defendant controls how long. He has a right to trial within 60 days of his arraignment in trial court unless he waives time. There can be a lot of sound reasons for the defendant to waive time. However, at any time the defendant can rescind his/her general time waiver and demand trial within 60 days. His/her attorney can best counsel them on the merits of doing so.