Virginia criminal case timelines depend on such factors as the county involved, drug lab delays, and jury trial bottlenecks

Virginia criminal case speed from start to finish take into account a wide range of factors. As a Fairfax criminal lawyer, I know that those factors include whether the state chemist labs are backed up for Virginia drug prosecutions, how much of a trial scheduling bottleneck was caused in the particular county by Covid, and how much that bottleneck was offset by the phenomenon of drastically reduced arrests overall during the height of the pandemic, particularly with so many people earlier during coronavirus spending most of their time at home, outside of the watchful eye of police patrolling for alleged crime. Many Virginia criminal defendants think they simply “want to get it over with” for their case, but need to take a more careful perspective, while recognizing that time is a commodity that can be used for a defensive advantage.

Is drug testing for a Virginia criminal case still taking months on end to accomplish?

For several years, a Virginia criminal case involving an alleged drug offense was usually destined for many months — sometimes over six months — for the substances to be tested, before the matter could proceed to trial. Such delays in testing alleged cocaine, opiates, LSD and more, were exacerbated by the time state drug chemists had to spend appearing in court for felony trial dates. Recently, the cocaine test in one of my client’s matters had been completed in under three months, which previously was a very unusual phenomenon for me.

Will my court date resolve on the first trial date in Virginia?

Virginia criminal case defendants and their loved ones can come to court — sometimes even by airplane — with high expectations that the case disposition will be known that very day. However, all sorts of factors can cause a Virginia criminal trial date to get rescheduled not until the first scheduled trial date. Those variables can include claimed or real illness, a defense continuance request to have sufficient time to address recently-provided discovery evidence, and an overbooked court schedule.

How long will it take for my Virginia blood DUI case to proceed to a trial date?

At least in Northern Virginia courts, it can take many months to be able to have a trial proceed forward for a blood draw DUI case than For instance, in Fairfax General District Court, a Virginia criminal case defendant who had a blood draw taken after a DWI arrest can expect such District Court trials only to proceed on Thursdays, and at least four or more months in advance.

Should I always be ready for trial in Virginia criminal court?

All criminal defense power usually comes from being trial-ready at all times. For those who want to proceed to trial, a well-executed trial is their heavy focus. For those Virginia criminal case defendants wanting to reach a mutually agreeable deal, being trial-ready is an essential flow chart stage, and lets the prosecutor know that if the case does not settle, there will be an effectively defended trial, and possibly a lengthy one at that.

Will demanding a speedy trial eliminate Virginia court delays for criminal cases?

No matter how long a Virginia criminal case defendant thinks his or her case is taking to proceed to trial, at least criminal defendants get to assert their Sixth Amendment Constitutional right to a speedy trial. That speedy trial Constitutional protection does not apply to non-criminal cases. Demanding a speedy trial does not guarantee getting one, but at least alerts the trial judge to a possible appellate issue, that the defendant certainly wishes to pursue.

How soon should I hire a Virginia criminal defense lawyer?

How soon should a Virginia criminal case defendant obtain a qualified criminal lawyer? The sooner the better. The prosecutor and police are not delaying their preparation to prosecute you, whether or not you have a lawyer. Virginia criminal court in many ways is like every man or woman for himself or herself. You help reverse the uneven criminal court playing field upon obtaining a qualified attorney.

Fairfax criminal lawyer Jonathan Katz is a court battled-tested criminal defense veteran. Through his successful defense of thousands of criminal and DUI defendants, he has developed killer instincts, a thick skin, and an open heart for defending his clients, telling their most powerfully persuasive story along the way. To learn the positive defensive difference that Jon Katz can make in your court-pending case, call 703-383-1100 to schedule a free in-person consultation with Jon.