How long will it take to resolve my criminal or DUI case in Pennsylvania?
How Long Does a Criminal or DUI Case Take in Pennsylvania?
One of the most common questions people ask after being charged with a crime or DUI in Pennsylvania is: how long is this going to take? The honest answer is that it depends — on the type of charge, the county where your case is pending, the complexity of the evidence, and whether the case resolves through a plea agreement or goes to trial. Here’s what you can generally expect.
The Basic Timeline of a Pennsylvania Criminal Case
Preliminary Hearing
After being charged, your preliminary hearing before a Magisterial District Judge is typically scheduled within 14 to 21 days of the filing of charges, though this can vary. At the preliminary hearing, you may waive, have charges dismissed or reduced, or have the case bound over to the Court of Common Pleas for further proceedings.
Arraignment at Common Pleas
Once a case is held over, it is transferred to the Court of Common Pleas, where arraignment and pre-trial proceedings begin. This phase can take weeks to several months depending on the court’s caseload and scheduling.
Pre-Trial Motions and Discovery
Your attorney may file motions to suppress evidence, compel discovery, or address other legal issues before trial. This phase can add weeks or months to the timeline, particularly in cases involving complex evidence like blood test results or surveillance footage.
Plea Negotiations
Many criminal cases in Pennsylvania resolve through a negotiated plea — a process that can happen at almost any stage. Some cases settle quickly (within a few months) if both sides reach an agreement early. Others involve extended negotiations that push resolution closer to a trial date.
Trial
If the case proceeds to trial, scheduling depends on the court’s docket. In busy counties like Erie County, trial dates may be many months out from when the case was bound over.
Typical Timeframes by Case Type
- First-offense DUI through ARD: Often 3 to 6 months from charge to ARD acceptance and program start
- DUI resolved by plea: Typically 3 to 9 months
- Contested DUI going to trial: Can take 9 to 18 months or longer
- Misdemeanor criminal cases: 3 to 9 months for plea resolutions
- Felony cases: Can take 12 to 24 months or more, especially if trial is required
Pennsylvania’s Speedy Trial Rule
Pennsylvania Rule of Criminal Procedure 600 — commonly called the “speedy trial rule” — generally requires that a trial commence within 365 days of the filing of charges. If this deadline is violated through no fault of the defendant, dismissal may be the remedy. Your attorney will track these deadlines carefully throughout your case.
What You Can Do to Help
Respond promptly to your attorney’s requests for information or documents, attend all scheduled court dates without exception, and comply with any conditions of bail or supervision. Unnecessary continuances — often caused by scheduling conflicts or unpreparedness — can extend your case significantly and increase stress and cost for everyone involved.
