How Long Does a Criminal Trial Take in Smith County, Texas?
One of the most common questions defendants and their families ask their Tyler, TX Criminal Lawyer is: “How long will my criminal trial take?” While it would be convenient to have a simple answer, the truth is that criminal trials in Smith County can vary greatly in length, depending on the charge, court schedule, complexity of the case, and legal strategy.
This post outlines what to expect in terms of timelines — from arrest through trial — in Smith County criminal courts.
Average Timeline of a Criminal Case in Smith County
Below is a general breakdown of how long each stage of a criminal case may take:
1. Arrest and Initial Appearance
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Usually within 24–48 hours of arrest
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The accused is brought before a magistrate for bond setting and arraignment
2. Formal Charges and Arraignment in Court
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Misdemeanor charges: Usually filed within 30–60 days
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Felony charges: May take several weeks to a few months
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The defendant enters a plea of guilty, not guilty, or no contest
3. Pretrial Proceedings
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May last 3 to 6 months or longer
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Includes discovery, plea negotiations, and pretrial motions
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Some cases are resolved by plea bargain before reaching trial
4. Trial Setting
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Trial dockets in Smith County can be backlogged, especially in District Courts handling felony cases
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A case may be scheduled for trial 6–12 months after arrest (sometimes longer for complex felonies)
How Long Does the Actual Trial Take?
If the case goes to trial, the duration of the trial itself depends on the charge:
Class C or B Misdemeanors
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Example: Public intoxication, possession of drug paraphernalia
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Trial Duration: 1–2 days
Class A Misdemeanors
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Example: DWI, Assault Causing Bodily Injury
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Trial Duration: 1–3 days
Felony Trials
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Example: Drug possession, aggravated assault, burglary
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Trial Duration: 3–5 days or longer, depending on witnesses, evidence, and whether there’s a jury
Homicide, sexual assault, and other serious felonies may take several weeks.
Factors That Can Delay a Trial
Criminal trials in Smith County may be delayed for various reasons, including:
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Backlogged court dockets
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Discovery disputes
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Change in legal representation
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Continuances requested by either side
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Availability of witnesses or experts
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Pending lab results or medical evaluations
Judges often reset trial dates multiple times before a case is finally heard.
Jury Trial vs. Bench Trial
In Smith County, a criminal defendant has the right to a jury trial or can waive that right and request a bench trial (trial before a judge only). Bench trials can be quicker but are typically used in less serious or contested cases.
Can You Speed Up the Process?
Sometimes, yes. A defendant may:
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Negotiate a plea deal
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Request a speedy trial (though this must meet statutory and procedural standards)
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Waive certain motions or hearings to move the case forward
However, rushing a trial without full preparation may not be in the defendant’s best interest.
Summary: How Long Does a Criminal Trial Take?
| Type of Case | Total Time from Arrest to Trial | Trial Duration |
|---|---|---|
| Misdemeanor | 3 to 6 months | 1 to 3 days |
| Non-violent felony | 6 to 12 months | 3 to 5 days |
| Complex felony | 12+ months | 1 to 3 weeks (or more) |
Every case is different. The Smith County legal system aims to provide due process while balancing court dockets, which means that some delays are unavoidable.
This post is intended for informational purposes only and should not be considered legal advice.
Cheryl A. Wulf, Attorney at Law
Office: 11702 State Hwy 64 E, Tyler, TX 75707
Call: (903) 525-9869
Fax: (866) 824-4469.
