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Interviewer: There is a decision to go to trial. Then the trial date is determined. How much time usually does the attorney have to prepare at that point?
The Time from Discovery to Trial in a Misdemeanor Case Is Shorter than in a Felony Case
AZ Criminal Law Team Lawyer: It can range from case to case and whether the charge is a felony or a misdemeanor. If it’s a misdemeanor case, usually the time from discovery to trial is a lot less than a felony case. On a felony case, usually it’s a longer amount of time because there’s more discovery involved.
There Is More Discovery Obtained in a Felony Case
Depending on the type of case, for example, with a DUI case it may be lab reports, blood reports, obtaining the documentation on the serial number on the machine that did the breath test, or anything regarding the machine that read the blood results. All of that discovery can happen in a DUI case or in a fraud case. It could be any surveillance that occurred, such as video.
Discovery Can Be Obtained in Misdemeanor Cases within 2 Months; in Felony Cases Discovery May Take up to 12 Months
So in a felony case, it can be a lot longer as a time period for the discovery process and going to trial. In a misdemeanor case, usually the discovery and the police reports are turned over in one to two months. In felony cases, it can take up to a year even in some cases to obtain discovery.