Waiting Is the Hardest PartFew moments are more stressful than the hours after an arrest. Phones buzz with calls to family, anxiety spikes, and urgent questions flood your mind. Chief among them: When will this be over? While every criminal matter moves at its own pace, understanding the typical milestones in Suffolk and Nassau County courts can ease uncertainty and help you make informed decisions.
The clock starts the moment you’re taken into custody. In Long Island, most defendants are arraigned within 24 hours of arrest. At arraignment, a judge formally reads the charges, sets bail conditions, and schedules the next appearance. Although this step feels preliminary, it sets the tone for everything that follows. Quick access to counsel during this window can influence bail, secure treatment alternatives, and preserve vital evidence.
After arraignment comes a brief lull while the prosecution evaluates its file. In misdemeanors, prosecutors often make their first plea offer within a month. Felony matters take longer—grand-jury presentations alone can stretch several weeks. During this phase, your defense team requests discovery, interviews witnesses, and begins building defenses before positions harden.
New York’s 2020 discovery reform now requires prosecutors to turn over extensive evidence within strict deadlines. In practice, that transfer can still take weeks as law enforcement labs finalize reports. Meanwhile, your attorney may hire investigators, subpoena surveillance footage, or consult forensic experts. Complex cases with voluminous phone records or DNA evidence tend to sit at the upper end of this range.
Once discovery is complete, both sides file motions. Common requests include suppressing illegally obtained evidence or dismissing unsubstantiated counts. Long Island judges frequently schedule evidentiary hearings—“Mapp,” “Huntley,” or “Wade” hearings, to name a few—to decide these issues. Court calendars are crowded, so securing consecutive hearing dates can add months, especially during summer and holiday recesses.
Negotiations ebb and flow at every stage, but they intensify after motion rulings clarify the strengths and weaknesses of each side. A favorable suppression decision can push prosecutors toward a reduced charge; an adverse ruling may motivate you to consider a resolution that avoids harsher exposure at trial. Some cases settle on the courthouse steps moments before jury selection begins.
If no agreement is reached, the court issues a trial order. Felony dockets in Riverhead and Mineola often stack multiple trials ahead of yours, forcing adjournments. Additionally, prosecutors and defense attorneys must synchronize expert schedules, subpoena far-flung witnesses, and finalize exhibits. More serious charges—think assault with serious injury or complex fraud—require extensive preparation, stretching timelines toward the 18-month mark.
Jury selection for a misdemeanor DWI might wrap in a day, followed by two days of testimony. A felony trial with multiple counts, medical experts, or extensive digital evidence can span several weeks. Court typically sits four days a week, so a “two-week” estimate might translate to three full calendar weeks.
Even after a verdict or plea, there’s more waiting. Probation conducts a pre-sentence investigation, the defense prepares mitigation materials, and the prosecution submits impact statements. Courts usually set sentencing 4 – 12 weeks out. In higher-level felonies, written motions for a reduced sentence or to set aside the verdict can extend this stage.
Should you challenge the outcome, appellate deadlines arrive fast—often within 30 days of sentencing—yet the appeals themselves move slowly. Gathering transcripts, filing briefs, and scheduling oral argument in the Appellate Term or Appellate Division easily adds 12 – 24 months. If the conviction stands, post-conviction petitions and federal habeas corpus can stretch the process even further.
| Factor | Timeline Impact | Practical Tip |
|---|---|---|
| Charge Severity | Felonies outlast misdemeanors. | Early case evaluation may secure charge reductions. |
| Court Caseload | Riverhead dockets differ from Central Islip. | Choose counsel who regularly appears in your courthouse. |
| Discovery Volume | Digital forensics can add months. | Retain experts without delay. |
| Witness Availability | Out-of-state or reluctant witnesses stall progress. | Prompt subpoenas ensure cooperation. |
| Judicial Continuances | Sick jurors, vacations, or judicial reassignments interrupt. | Flexibility and preparation mitigate last-minute changes. |
Local knowledge isn’t just convenient—it’s crucial. A criminal defense lawyer who regularly appears before the same judges understands their motion preferences, sentencing philosophies, and courtroom idiosyncrasies. Familiarity with the district attorney’s policies in Suffolk versus Nassau County can reveal early-resolution opportunities others miss. Seasoned counsel also anticipates roadblocks, such as overbooked forensic labs or administrative adjournments, and adjusts strategy to keep your matter from languishing.
No two criminal cases travel identical paths, yet most follow the framework above. From the first frantic phone call to the final gavel, the journey can be measured in months for minor offenses and several years for serious felonies. Knowledge of each phase arms you with realistic expectations and the confidence to make sound choices.
If uncertainty about timing keeps you up at night, let’s talk. I’m Ed Palermo, and for more than three decades, I’ve guided Long Island clients through every step of the criminal process—reducing delays, negotiating favorable outcomes, and fighting tirelessly when trial is the best option. Call Ed Palermo for a free, confidential consultation today.