How Long Does a Domestic Violence Case Take to Resolve in Washington?

If you were charged with a crime, especially a serious one involving domestic violence, you want the case to be over.  However, the length of time for a case can be tricky to predict and depends on a lot of factors.

The length of any case will depend on the charges, the complexity of the facts, and the evidence available.  However, cases can always end quickly if the defendant pleads guilty or accepts a plea deal.  The shortest cases typically take a few weeks, but many cases can take the better part of a year before they get scheduled for trial, let alone get to a verdict.

To get help with your case, call the Law Offices of Smith & White’s Tacoma, WA domestic violence defense attorneys at (253) 203-1645.

What is the Fastest a Domestic Violence Case Can Take?

Defending yourself always draws out a case, but cases that end in pleas typically go fastest.

Guilty Pleas with No Negotiation

If you plead guilty at your original arraignment, you get no chance to defend yourself against charges, but your case goes straight to sentencing.

That usually means it takes only a few weeks for the sentencing report to be prepared and your sentence to be handed down.

Negotiated Pleas

However, that kind of case puts up absolutely no defense.  A case that still gives you the chance to discuss your charges with the prosecution and still come to some sort of plea arrangement is often the second fastest type of case.

Here, the prosecution might come to your preliminary hearing or other early stages of the case with a plea agreement in hand.  Your Washington domestic violence defense lawyers can also potentially contact them and discuss terms for a plea agreement.

These cases typically take only a few weeks to a month before sentencing, which adds another couple of weeks in most cases.

How Long Before My Case is Dismissed or Dropped?

If the evidence against you is lacking, your case can be dropped or dismissed at a few stages:

Preliminary Hearings

Early stages of your case may involve a preliminary hearing where the judge decides whether there is probable cause to charge you with a crime.  If there is, the case is “held over” for court.  If there is no probable cause, the judge dismisses the case.

Preliminary hearings take place 14 days from your initial appearance if you are in jail and 21 days if you are released.

Grand Jury Hearing

Instead of using preliminary hearings, prosecutors’ offices will sometimes prefer to use grand jury hearings for felony indictments because the defense does not participate in these hearings.  If that is used instead, you might not even know the charges against you were ever brought up or denied.

Pretrial Conferences

If, at some point before trial, the prosecution realizes they were mistaken and do not have enough evidence to bring the case, justice demands they drop the charges.

It is rare that prosecutors just drop charges without a plea agreement, but they can do so at any point before trial, which could be days, weeks, or even months after your initial arrest.

Trial

Going to trial can take some time, depending on various factors like the complexity of the case, the court schedule, and how much time we need to prepare your defense.

Domestic violence cases can get to trial within a few months in some cases, but it can take over a year in others.  If you win the case at trial, you are “acquitted” instead of having the charges “dismissed.”

How Long Does a Domestic Violence Conviction Take?

As mentioned, guilty pleas can be entered at any time, and negotiated pleas often end cases quicker.  However, for a conviction to go all the way through trial, it often takes at least 2 months because of evidence collection, case building, trial preparation, and court scheduling.

How Long Does Sentencing Take?

If you plead guilty or are convicted, your case is not over until you are sentenced.  Sentencing hearings must take place within 40 days of the conviction.

This gives the parties time to prepare arguments and evidence, but it also gives the Department of Corrections time to prepare a presentence report for the judge, which may include victim impact statements prepared by the victim(s).  Sentencing can sometimes take place immediately, but it usually takes at least a week or two for the court to schedule the hearing, if not the full 40 days.

FAQs for How Long Domestic Violence Cases Can Take

How Can You Speed Up a Criminal Trial?

Obviously, pleading guilty can end your case faster, but that is not usually going to be something you want to do.

Instead, cases can be sped up through various means, though these are not always in the defendant’s best interest:

• Demanding your speedy trial rights
• Waiving preliminary hearings and other procedural steps that slow down the case
• Stipulating to certain uncontested facts
• Having a lawyer who is prepared and ready to go to trial.

What Factors Slow Down/Speed Up Cases?

These factors often affect the speed of your case:

• If you are in pretrial detention, courts are sometimes willing to move faster.
• If you are subject to complex pretrial no-contact orders that keep you from your home and children while awaiting trial, your case might move faster.
• Misdemeanors often have shorter cases than felonies.
• Complex facts involving many witnesses can take longer.
• Cases involving multiple charges often take longer.

How Quickly Can My Lawyer Get Charges Dismissed?

If there is a fatal problem with the case against you, then your lawyer might be able to get the charges dismissed within 2-3 weeks, depending on how quickly your case can be scheduled before a judge.

However, sometimes the prosecution can correct their filings and resubmit the charges.

When is My Case Officially “Over”?

If your case goes to trial and you are acquitted, it is over at that point.  Double jeopardy rules prevent recharging.

However, if the case is dismissed or dropped at any point before the jury is sworn in, then it is possible it could be amended and re-filed if new evidence comes to light.

If you plead guilty or are convicted at trial, the case is not “over” until sentencing takes place.

What is the Longest My Case Could Take?

Criminal cases can sometimes be very complex, and it can take years for some cases to get to trial.  However, Washington has “speedy trial” rules that aim to put hard deadlines on cases.

Who Can Ask for Continuances and Delays?

Either party can ask for a delay or “continuance” that might delay the case further.  This usually means pausing a hearing and rescheduling or resuming it later.

The defendant can typically request a continuance for good cause, but personal scheduling conflicts are not always a good reason.  The government can request continuances, but a judge may deny the request if the reason is that they were not properly prepared or are trying to unfairly delay the case.

Call Our Domestic Violence Defense Lawyers in Washington

Call the Law Offices of Smith & White’s University Place, WA domestic violence defense attorneys at (253) 203-1645 to discuss your case.