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How long is too long to wait for a trial?
There is no hard and fast rule set out in the US Constitution that defines how long is too long for a delay. However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant’s claim that their right to a speedy trial is being denied.
How long should it take to go to trial?
California Penal Code 1382 PC states that, in misdemeanor cases, a defendant has the right to go to trial within 30-45 days of his arraignment. The time between an arrest and an arraignment in California misdemeanor cases is either: 48 hours if the accused was placed in custody after the arrest, or.
Why do criminal cases take so long to go to trial?
Answer Wiki. When a case takes a “long time,” it is almost always because the accused desires that it take as long as possible. The accused has an absolute right to a “speedy trial.” But, it is often the case that the accused will stall, and file various motions, and stall, and do everything possible to keep the case from coming to trial.
Why don’t most lawsuits go to trial?
Most lawsuits in the United States don’t go to trial because they don’t need to. Parties in civil cases can agree to a settlement at any time, and once they do that’s the end of the legal battle.
Is there any point in going to trial if you lose?
There’s no point in going to a trial you know you’ll lose, and so the two parties will settle up. A lot of time and money goes into a legal case. There are court fees, legal fees, paperwork costs, and the list goes on and on.
What happens when you settle a lawsuit?
When you settle a lawsuit, you agree to set aside your right to a trial in exchange for the settlement. A judge and jury will never rule on your case, and you can only appeal a decision made during a trial. Depending on the case, appeals can add months or even years to a lawsuit’s length (and this is also a reason why going to trial costs more).