Many who have encountered either a criminal or civil court case have experienced the long delays often associated with court cases in both our State and federal courts. Many of those litigants have asked, “Why do court cases take so long?”
Much like the legal system, the answer to this question can be complicated and depends upon the type of court case, including whether the case is civil or criminal.
While this article delves into the myriad potential causes of delays to court cases, the most important point is that a good attorney, like the Omaha criminal defense attorneys at Berry Law, will do what he or she can to streamline your court case or injury claim whenever possible. While many of the factors that contribute to these delays are outside of your attorney’s control, some of the factors can be mitigated by an attorney who is sensitive to his or her client’s needs.
What are some reasons my case is being delayed?
Courts, not attorneys, set the schedule for cases, both civil and criminal. While your attorney may have sought a trial date as soon as possible, he or she is at the mercy of the court insofar as the court must have an open date (or dates) on its calendar during which it can hold a trial or pretrial hearing. The court has a large amount of discretion in scheduling matters and given the limited resources of our judicial system, it is not surprising that delays happen.
Also contributing to the traffic jams in our courts are the sheer number of cases and the shortage of judges. In Omaha, for instance, a group of about 18 district court judges handle all of Douglas County’s felony criminal matters, all civil matters over a certain amount in controversy, and all divorce/child custody and support cases, among others. Given the lack of judges, courts must schedule trials many months ahead of time. If a trial must be continued, it may be many more months before another spot opens up.
Another cause of delays is the process of discovery, which is the court-ordered sharing of information between the parties. While discovery can be simple in some cases and more complicated in others, oftentimes discovery review involves the review of hundreds or thousands of pages of information. This phase also includes processes like deposition and expert witness analysis of evidence. Given that attorneys generally represent many clients simultaneously, and expert witnesses have both professional and personal lives outside of serving as expert witnesses, this process can take months.
Witness unavailability also extends delays when witnesses cannot participate in discovery or a trial due to travel, illness, or other reasons. These situations result in necessary delays as parties will generally not be penalized if witnesses are unavailable through no fault of the party who needs the witness.
What about my right to a criminal trial within six months of the filing of the charging document?
Under the United States Constitution and the Nebraska Constitution, criminal defendants have a fundamental right to be tried within a reasonable amount of time. Nebraska law states that this amount of time is six months from the filing of the charging document.
Despite this right, criminal defense attorneys often advise clients to delay trial beyond the six months guaranteed under Nebraska law. Why? Of the reasons above, the need for the defense to participate meaningfully in the discovery process is the most likely reason for delaying the progression of a criminal case. In addition, a criminal defendant may be participating in substance abuse treatment or other mitigating counseling or classes that could result in a favorable outcome. These are two of several potential reasons a criminal defense attorney might advise his or her client to waive the right to a speedy trial.
Contact a Criminal Defense Law Attorney
While there are several reasons your case may be taking longer than you hoped, the criminal defense attorneys are Berry Law will always do their best to move your case along and fully explain why a delay may be needed. They will fight alongside you to establish a defense that puts your constitutional rights first, advocate for your freedoms, and ensure all available legal remedies are made available to you.
Call (888) 682-0751 or contact an attorney online to answer any questions and begin crafting your legal defense today.
