With many people facing criminal charges across the state, many of them are rightfully wondering: how long does a criminal case take in New York? Criminal case durations can vary depending on the court’s backlog, a charge’s severity, and if the case ends up going to trial. Generally, felony cases can take a lot longer than misdemeanor cases to resolve.
Delays in the system come with significant social and economic repercussions. Roughly 337,000 New Yorkers have been imprisoned at some point in their lives, with $1.9 billion estimated in lost earning potential related to incarceration costs. What’s more, black New Yorkers make up 43% of individuals who were formerly imprisoned, underscoring significant racial disparities present in the state’s criminal justice system.
Unfortunately, those awaiting trial can spend a long time in jail, even before they are convicted. The average jail stay in New York City has increased by 136% over the past two decades, from 44 days in 2001 to 104 days in 2023. Unfortunately, this prolonged pre-trial detention period can lead to devastating impacts, affecting a family’s housing and unemployment situation and their overall stability.
Understanding the Criminal Case Process in New York
To understand the potential duration of a criminal case, it’s important to know all the associated phases. After an individual is arrested and booked, the arraignment process happens. During arraignment, the defendant is informed of their charges, required to plead guilty or not guilty, and potentially released on bail. If the prosecution fails to submit the required papers for a misdemeanor complaint after five days, the judge will release the defendant.
After charges have been filed, both the prosecution and defense begin with collecting evidence, such as video surveillance, witness statements, and reports from law enforcement. The pre-trial motions and discovery stages may involve attorneys filing motions to get evidence suppressed or charges dismissed. Depending on the complexity of the case, this could take a long time.
Plea bargaining can happen at any time. If the defendant does not agree to plead guilty in exchange for lesser charges for sentencing, the case will go to trial, therefore prolonging the overall process. Trial duration is dependent on whether the case involves a misdemeanor, felony, or high-profile or complex situation. Sentencing could also take a while if the trial ends in a conviction.
Options for Avoiding Long Delays
Cases can be delayed due to court backlogs, legal motions, and prosecutorial delays. Furthermore, the prosecution may take long periods of time to collect their evidence. Additionally, there are lingering case backlogs from the pandemic that are still impacting court schedules.
Defendants can work to avoid delays in their cases by hiring a skilled defense attorney who can speed up negotiations and request speedy trial rights, as well as help explore diversion programs that could lead to case dismissal.
FAQs
How Long Does It Take for a Criminal Case to Be Resolved in New York?
The amount of time it takes for a criminal case to be resolved in New York is dependent on different factors, such as the court’s backlog and the severity of the charges. In 2023, 21.5% of felony cases in New York City went over the standard six-month processing time, with some cases taking more than three years to resolve.
Why Are Criminal Cases in New York Taking Longer to Process?
As of 2025, criminal cases in New York are taking longer to process due to backlogs from the COVID-19 pandemic, scheduling issues, and limited court resources. Discovery law reforms in 2020 also increased the required time for sharing evidence. Furthermore, the complexity of felony trials, specifically cases involving murder, contributes to lengthy processing times, with murder cases now taking 27 months on average, 37% longer than in 2019.
What Are the National Standards for Criminal Case Processing?
According to the National Center for State Courts (NCSC), courts should typically aim to resolve 75% of their felony cases within a 90-day period. 90% of all cases should be resolved within 180 days, and 98 percent of all cases should be resolved within one year. With respect to New York State, the courts are not meeting these goals, with only 67% of felony cases resolved within 90 days and 91% of them being resolved within a year.
How Does Delayed Case Processing Affect Jail Populations?
Delayed case processing affects jail populations, as it extends the time needed for pre-trial detention. Over the past two decades in New York City, average jail stay has increased by 136%, and between 2019 and 2023, there was a 179% increase in felony cases that take over three years to resolve. If NYC had met NCSC standards, they could have reduced the need for 1,728 jail beds, substantially working towards the goal of getting Rikers Island closed.
How Can Defendants Speed Up Their Criminal Case?
Defendants can speed up their criminal cases by hiring a detail-oriented attorney who has a deep understanding of the legal system in New York. When appropriate, attorneys can help push for plea deals to evade a prolonged trial or leverage options such as requesting a speedy trial under the framework of New York law. They can also ensure that the prosecution complies with discovery laws, prompting them to quickly share all evidence.
Ensure a Fair and Speedy Criminal Defense Case With an Empathetic New York Attorney
If you or a loved one is facing criminal charges, you are likely wondering how long you will be detained and the potential length of the criminal defense process. Fortunately, a knowledgeable and skilled New York criminal defense attorney from the Law Offices of Robert Tsigler, PLLC, can help you understand potential timelines and leverage crucial legal tactics to ensure your right to a fair and speedy trial. Contact us today to start discussing your case.
With our legal team on your side, you can trust that you are getting the experienced legal support you deserve. We are prepared to help you explore your legal options.
