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How Long Can Criminal Charges Remain Pending?

Once criminal charges are filed, there isn't a universal, fixed expiration date for how long they can remain pending, unlike statutes of limitations for initiating charges. The duration is highly variable, influenced by numerous factors including the case's complexity, evidence volume, court backlogs, and the strategies of both prosecution and defense (e.g., motions, discovery, plea negotiations). The severity of the crime is also key, with complex felonies often taking significantly longer than misdemeanors. The primary legal safeguard against indefinite delays is the Sixth Amendment right to a speedy trial, often supplemented by state-specific statutes. While these laws set presumptive timeframes, continuances are common for legitimate reasons. Courts assess speedy trial claims using a balancing test, weighing the delay's length and reason, the defendant's assertion of their right, and any demonstrated prejudice. Excessive, unjustified delays can lead to dismissal, but this is not automatic and requires proving substantial prejudice to the defendant's ability to defend themselves. Therefore, charges can realistically remain pending for months or even several years.

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