A felony charge can stay pending anywhere from a few weeks to well over a year, and in some cases much longer. How long a felony charge can be pending depends on two separate legal clocks: the statute of limitations, which controls how long prosecutors have to file charges in the first place, and speedy trial rules, which control how quickly the case must reach trial once charges exist. Both clocks have exceptions that can add months or years.
How Long Prosecutors Have to File Charges
Before a felony charge ever becomes pending, the government has to file it within a window called the statute of limitations. The clock generally starts when the crime is committed, not when a suspect is identified or arrested.
For federal crimes, the general rule is five years. Most non-capital federal felonies have to be charged inside that window. The major exception is any offense punishable by death, which has no time limit at all. An indictment for a capital offense can come decades after the crime.1Office of the Law Revision Counsel. 18 USC 3281 – Capital Offenses
State deadlines vary widely. Some states allow as few as three years for certain felonies; others permit ten or more years for offenses like arson or major fraud. Murder almost universally has no statute of limitations at the state level either. Because the range is so broad, the specific deadline depends on the jurisdiction and the type of felony.
When the Filing Clock Pauses
The limitations clock does not always run continuously. Two situations in particular can stop it.
The most common is flight. Under federal law, the statute of limitations stops entirely for anyone who is fleeing from justice.2Office of the Law Revision Counsel. 18 USC 3290 – Fugitives From Justice A suspect who leaves the country or goes into hiding cannot benefit from the passage of time. Most states have equivalent provisions.
A sealed indictment also stops the clock. Federal rules let a judge seal an indictment until the defendant is located or surrenders. As long as the grand jury returned the indictment before the limitations period expired, it is timely even if unsealed years later. You can learn about the charge long after it was actually filed.
The Federal 70-Day Rule
Once federal charges are filed, the Speedy Trial Act sets a deadline: the trial must begin within 70 days. The clock starts from either the date the indictment is made public or the date the defendant first appears before a judge, whichever happens later.3Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions If a grand jury returns an indictment weeks before the defendant is arrested, the 70-day window does not start until the first court appearance.
The same statute requires the indictment itself to be filed within 30 days of the defendant’s arrest or summons. If no grand jury is in session during that period, prosecutors get an extra 30 days.3Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions
State Speedy Trial Deadlines
Every state has its own version of a speedy trial rule, either by statute or court rule, and the deadlines vary. Some states require a felony trial to begin within 60 days of arraignment; others allow 175 days or more. A handful use a 180-day rule. How long a charge stays pending is partly a function of geography.
State deadlines work similarly to the federal act in that they include categories of excludable time, but the specific exclusions differ. Every state still has to satisfy the constitutional floor set by the Sixth Amendment, which applies to state prosecutions through the Fourteenth Amendment.
Why Cases Run Longer Than 70 Days
The 70-day federal deadline sounds tight, but a long list of events pause the clock. In complex cases, excludable time can stretch proceedings far beyond 70 calendar days. The most common exclusions include:
- Pretrial motions. Any time from the filing of a motion through the court’s ruling is excluded. A motion to suppress evidence can add weeks or months.
- Mental competency evaluations. If the court orders an examination, the entire period is excluded.
- Interlocutory appeals. When either side appeals a pretrial ruling, the clock stops until the appellate court resolves the issue.
- Plea negotiations. Time spent while the court considers a proposed plea agreement does not count.
- Absent or unavailable witnesses. If a key witness cannot be located or brought to court despite reasonable effort, that delay is excluded.
- Other pending charges. If the defendant is already on trial for a different offense, the clock on the second case pauses.
- Court advisement. When a judge is actively considering a legal question, up to 30 days of deliberation is excluded.
All of these exclusions come from the same statute that sets the 70-day deadline.3Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions A federal felony case routinely takes six months to a year even when everyone follows the rules. Cases involving financial fraud, multiple defendants, or extensive forensic evidence can take considerably longer.
When Defendants Choose to Extend the Timeline
Defendants themselves often make the case run longer. A defense attorney may advise waiving speedy trial rights to gain more time for investigation, to review the prosecution’s evidence, or to negotiate a plea deal. This is one of the most common reasons felony charges stay pending for extended periods, and it happens in the majority of complex cases.
The decision is usually strategic. Rushing to trial with incomplete preparation can be far more damaging than the stress of a pending charge. A few extra months might reveal weaknesses in the prosecution’s evidence, allow time for forensic experts to analyze data, or create leverage for a better plea offer. Courts generally accept these waivers as long as the defendant enters them knowingly and voluntarily.
Delays also arise from circumstances nobody controls. Court dockets in busy jurisdictions are packed. A key witness might become seriously ill. A co-defendant’s case might need to be resolved first. None of these situations count against the government when evaluating speedy trial compliance.
What Happens If a Deadline Is Missed
When a defendant argues that the Sixth Amendment right to a speedy trial has been violated, courts apply the four-factor balancing test from Barker v. Wingo: the length of the delay, the reason for it, whether the defendant asserted the right, and whether the delay actually prejudiced the defense.4Justia U.S. Supreme Court Center. Barker v. Wingo, 407 US 514 (1972) The defendant has to actually raise the issue; sitting quietly while the case drags on and then claiming a violation at the last minute almost never works. If a constitutional violation is found, the remedy is dismissal with prejudice, meaning the case is over permanently.
Violations of the federal Speedy Trial Act follow a different path. If the 70-day deadline expires, the defendant must file a motion to dismiss. Failing to raise the issue before trial or before entering a guilty plea waives the right entirely. The statute gives the judge discretion to dismiss with or without prejudice, weighing three factors: how serious the offense is, the circumstances that led to the delay, and the impact of reprosecution on the administration of justice.5Office of the Law Revision Counsel. 18 USC 3162 – Sanctions For violent felonies, courts frequently dismiss without prejudice, which lets the government refile. For less serious offenses with longer, more egregious delays, dismissal with prejudice is more likely. Anyone assuming the charges will automatically disappear is making a dangerous bet.
What a Pending Felony Charge Costs You in the Meantime
While the system works through its timelines, the person facing the charge lives under real restrictions, and they accumulate the longer the case stays open.
Travel is typically restricted. Courts routinely require defendants to remain within a specific geographic area, surrender their passports, and check in with pretrial services. Leaving the state without court permission can result in bond revocation and an arrest warrant. International travel is almost never approved for pending felony cases.
A pending felony indictment also triggers a federal firearms prohibition. Under federal law, anyone under indictment for a crime punishable by more than one year in prison cannot legally receive or transport a firearm.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts This applies from the moment of indictment, not conviction.
Employment is another pressure point. Pending charges are public court records and show up on background checks. Federal law generally limits the reporting of non-conviction records to seven years, but that restriction does not apply to positions with an annual salary of $75,000 or more.7Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports Many employers in regulated industries are required to consider pending charges regardless. The longer a case stays open, the longer these records follow you through job applications, housing applications, and professional licensing reviews. This is why defense attorneys sometimes push for faster resolution rather than maximum delay. The strategic calculus is not just about winning at trial; it is about what the client’s life looks like while the charge sits open.