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Last Modified on Sep 16, 2026
How Long Does a Criminal Case Take in California? Timeline Explained
You got arrested, or maybe charged weeks later by mail, and now you’re wondering when and how this ends. Not knowing the answer is almost worse than the charge itself. One question sits in your chest: how long does a criminal case take in California?
A California criminal case timeline runs on two different clocks, one for misdemeanors and one for felonies, and no attorney can shrink the legal minimums the law allows. What the right one can do is keep you from adding time you don’t have to lose.
Daniel Flores at The Law Office of Daniel P. Flores has walked hundreds of clients through exactly this stretch of uncertainty, and knowing where you stand today usually tells you more than any calendar can.
How Long Does a Misdemeanor Case Take in California?
Most misdemeanor cases in California resolve within six weeks to four months. Under Penal Code section 1382, you have the right to trial within 45 days of arraignment if you’re out of custody, or 30 days if you’re in custody, and that deadline pushes most misdemeanors toward an early plea, a dismissal, or a fast trial date.
Courts serving West Covina, Pomona, and the surrounding East San Gabriel Valley, including the West Covina Courthouse, handle a heavy misdemeanor caseload, and prosecutors there often work out a resolution before that 45-day window closes rather than tie up a courtroom over a low-level DUI or petty theft charge.
Waiving time changes that math. Once you agree to push your trial date, the case can sit for months while your attorney negotiates or gathers records. Just know that stretch has no built-in end date once you waive it, so ask for a realistic estimate before you agree.
How Long Does a Felony Case Take in California?
Felony cases in California can take anywhere from six months to over a year. A felony charge triggers a preliminary hearing before it ever reaches a jury, and that one extra step is usually what separates a felony timeline from a misdemeanor one.
The Preliminary Hearing Window
You’re entitled to a preliminary hearing within 10 court days of your arraignment, though most defendants waive that short window to give a defense attorney time to review police reports, lab results, and witness statements. If you’re out of custody, that window extends to 60 calendar days from arraignment.
Once the hearing happens and a judge finds enough evidence to proceed, you’re arraigned a second time on an information (the formal felony charging document), and the clock resets toward trial.
After the Second Arraignment
From there, the case moves into full discovery, motion practice, and possibly a settlement conference, all handled through the Los Angeles County Superior Court’s East District if the charge was filed out of West Covina.
A felony involving forensic evidence, like a blood draw in a DUI with injury case, can add months while a crime lab processes results. A straightforward felony with a strong plea offer can close in four or five months. One with multiple continuances, an unavailable witness, or a jury trial can run past a year without much difficulty.
What Happens at Each Stage of Your Case
Every California criminal case moves through the same five stages, in the same order, no matter the charge. A closer look at what happens during a California criminal court hearing can help you understand what to expect at each appearance.
- Booking and release, which takes a few hours to a couple of days depending on your bail status.
- Arraignment, held within 48 hours of arrest if you’re in custody, where you enter a plea and hear the charges read.
- Pretrial, the stage where both sides exchange discovery, file motions, and try to reach an agreement.
- Preliminary hearing, felony cases only, where a judge decides if there’s enough evidence to move forward.
- Trial or resolution, whether that’s a negotiated plea, a dismissal, or a jury verdict followed by sentencing.
Each stage can stretch on its own. A pretrial period with three continuances adds three separate court dates you didn’t plan for, and each one can run 30 to 45 days apart.
Why the DMV Clock Doesn’t Wait for Your Court Date
Most timeline articles track only the criminal court clock. They skip the one that costs people their license first. A DUI arrest starts a separate 10-day window to request a DMV hearing under Vehicle Code section 13558, and it runs whether or not the criminal case has had its first hearing yet. Miss it, and the license suspends automatically in 30 days, no matter how the court case ends. Flores handles both clocks at once. A skilled West Covina DMV license suspension hearing attorney can help protect your driving privileges while the criminal case continues.
What Slows a Case Down
Continuances are the single biggest reason a case runs longer than expected. Courts across Los Angeles County are congested enough that even routine hearings get pushed back weeks at a time, and a request for more time from either side, whether the defense is still gathering records or the prosecution is waiting on lab results, adds to that backlog. Working with a knowledgeable California criminal case timeline attorney who already knows the West Covina court’s rhythms won’t erase the legal minimums, but it can prevent the delays that add months for no reason.
A motion to suppress evidence or a motion to dismiss a charge can add real time too, sometimes months, but it’s often worth the delay if it changes the outcome. Understanding how California criminal charges may be reduced or dismissed can help explain why additional preparation sometimes benefits the defense. A missing witness, a newly discovered piece of evidence, or a change in defense counsel midstream all push a resolution further out.
None of these delays mean the case is going badly. Once it resolves, whether through a plea, a dismissal, or a verdict, the court still has to handle sentencing, which might mean probation instead of jail time, and that step adds its own separate court date.
FAQs About California Criminal Case Timelines
What happens if I waive time on my case?
Waiving time gives your case more room to breathe, and that’s not automatically a bad thing. It means your court date moves past the standard 45 or 30-day mark with no fixed new deadline, which can help if your attorney needs more time for discovery or plea talks. Just know there’s no ceiling once you waive it, so ask for a realistic estimate before you agree.
How long does an appeal take in California?
Appeals in California commonly take six months to two years, depending on the county and how complex the record is. That timeline is separate from your original case entirely, since the trial court’s part is technically done once judgment is entered. If you’re considering one, the filing window is short, so talk to your attorney right away.
Does a pending case show up on a background check?
Yes, an open criminal case usually shows up on a background check even before conviction. Most employers and licensing boards can see arrest and case records through public court databases unless the case has been sealed or dismissed and cleared. Ask your attorney about record-sealing options once the case resolves.
What if I miss a court date?
Missing a court date can trigger a bench warrant the same day. Judges in California courts have wide discretion here, and even an excused absence can add weeks while the court reschedules and reissues notice. Learn more about what happens after missing a California court date, and call your attorney immediately, before the hearing if possible, so they can address it directly with the court.
The Law Office of Daniel P. Flores: Your West Covina DUI and Criminal Defense Law Firm
Daniel Flores has handled criminal cases across the East San Gabriel Valley for over 15 years. If you’re waiting on a court date right now, contact our firm today for a free consultation.
This is general information, not legal advice, and does not create an attorney–client relationship.
