How Long Can a Felony Charge Be Pending? Speedy Trial Rules Explained

Last reviewed: October 17, 2026. This article is general information, not legal advice. Speedy trial deadlines differ between federal court and each state, and many delays don't count toward them; ask a criminal defense attorney about your case.

Waiting for a felony case to end can be exhausting. You may be out on bail with restrictions, worried about work and family, and unsure when anything will happen. Here's how the law limits that wait, and why real-world cases often take longer than the headline deadlines suggest.

Short answer: How long can a felony charge be pending? There's no single number. The Sixth Amendment guarantees a speedy trial, federal cases are governed by the Speedy Trial Act (30 days from arrest to indictment, then 70 days to trial, minus excluded time), and each state has its own rules. Because continuances, motions and other delays are often excluded, many felony cases stay pending for months, and complex ones for a year or more.

Two different time limits, often confused

• The statute of limitations is the deadline for the government to file charges, measured from when the offense happened. Under 18 U.S.C. § 3282, most non-capital federal offenses must be charged within five years, and under § 3281 an indictment for an offense punishable by death "may be found at any time without limitation." State limits vary and are often longer, or unlimited, for the most serious crimes.
• Speedy trial rules govern how long a case may stay pending after charges are filed. This is what actually answers the question in the title.

Once charges are filed on time, the statute of limitations has done its job; from then on, speedy trial rules matter.

The constitutional limit: the Sixth Amendment

The Sixth Amendment guarantees the right to a speedy trial. There's no fixed number of days. Instead, courts apply the four factors from Barker v. Wingo (1972): the length of the delay, the reason for it, whether and when the defendant asserted the right, and the prejudice to the defendant. In Strunk v. United States (1973), the Supreme Court said that when this right is violated, dismissal "must remain, as Barker noted, 'the only possible remedy.'"

In practice, constitutional violations are found only after long, unjustified delays, and asserting the right early helps.

The federal Speedy Trial Act

For federal felonies, the Act sets the 30-day and 70-day clocks quoted above. The key detail is excluded time under § 3161(h). In summary: periods spent on pretrial motions, competency exams, other proceedings involving the defendant, unavailability of the defendant or an essential witness, joinder with co-defendants, and continuances the judge grants with an "ends of justice" finding don't count. That's why a federal case can last much longer than 70 calendar days without breaking the law.

If the clock does run out, the indictment must be dismissed on the defendant's motion. The judge decides whether the dismissal is with or without prejudice by weighing the seriousness of the offense, the circumstances that led to the delay, and the impact of reprosecution on the administration of justice.

State cases

Most felony prosecutions happen in state court. Every state has its own speedy trial statute or court rule, with different deadlines, different rules for defendants held in jail versus released, and different exclusions. Some require the defendant to file a formal speedy trial demand to start or speed up the clock. Your defense attorney can tell you which rule applies and whether to invoke it; sometimes waiving time is in your interest, for example to investigate or negotiate.

Why felony cases take so long

• Discovery and evidence review, including lab and forensic testing
• Pretrial motions (for example to suppress evidence)
• Plea negotiations
• Court backlogs and scheduling, including calendar calls and trial settings
• Continuances requested by either side

What a felony is, briefly

In federal law, offenses are classified by maximum prison term under 18 U.S.C. § 3559. The lowest felony class (Class E) covers offenses with a maximum of "less than five years but more than one year," and the higher classes run up to life imprisonment or death. Many states draw a similar line at more than one year, with their own classes and labels, so check your state's code.

While your case is pending

• Follow your release conditions exactly, including travel limits and check-ins.
• Stay in touch with your lawyer and attend every court date.
• Don't discuss the case with anyone but your lawyer, including on social media.
• Ask about options: dismissal motions, diversion programs, or reduced charges. Our guide on how to get charges dropped before your court date covers realistic routes.

Remember that you're presumed innocent and the prosecution has to prove guilt beyond a reasonable doubt (see burden of proof in a criminal case). When the case ends, the outcome is recorded as its disposition.

Sources

• 18 U.S.C. § 3161, Speedy Trial Act time limits and excluded periods (Cornell LII)
• 18 U.S.C. § 3162, sanctions and dismissal (Cornell LII)
• 18 U.S.C. § 3282, five-year federal limitations period (Cornell LII)
• 18 U.S.C. § 3281, capital offenses (Cornell LII)
• 18 U.S.C. § 3559, sentencing classification of offenses (Cornell LII)
• Speedy trial and the Barker v. Wingo factors (Cornell LII, Wex)
• Strunk v. United States, 412 U.S. 434 (1973) (Cornell LII)