How Long Can a Felony Charge Be Pending? List of Times for All Charges

How long can a felony charge be pending? The answer depends on a number of factors, including the state where the crime was committed and whether or not additional charges have been tacked on, afterwards.

When additional charges are added, this can increase the time that felony charges can be pending, so the very first step for anyone is to perform a state and local-level criminal background investigation for free.

By searching state and local criminal courts, information on whether any additional charges have been filed, that are connected to the case, can be found.

For example, many suspects awaiting charges are released on bail, but if that person commits another crime that is connected to the pending felony (such as witness intimidation), those charges can be added to the upcoming case…which can increase the time frame before the charges are formally filed.

Being able to lookup charges against you online is a great way to gain the information needed for a criminal defense.

Checking to see all charges that are pending first provides the information a person needs to prepare for defense (like if someone presses charges against you), or how to get charges dropped before going to court.

Do background checks show pending charges? Yes…so knowing where to look is crucial.

A full list of times for each type of criminal charge and offense can be found below.

What Does A Pending Felony Charge Mean?

A pending felony charge is an accusation against a person, usually after an arrest, an indictment, or a formal complaint. But, since the charges have not been formally filed, the person is technically under investigation.¹

(Image: Kindel Media¹⁰)

If a person was arrested on a felony offense and they have a pending felony charge, the District Attorney will determine if official charges must be filed and if so, set a court date. If this is the case, the individual in question needs to appear in court for an arraignment.² 

Alternatively, many people wonder if a criminal charge is dismissed, do I have a criminal record? And while the answer to that question can vary based on the charge and the state where it’s filed, knowing how to find any potential charges, including felony charges, can make the judicial process easier to navigate and prevent a failed background check after starting job.

How Long Does the State Have to File Charges?

The state is limited in the time it has to file formal charges against someone. If the person has a felony charge pending, the state usually has 175 days to file the charging document.⁴

However, each state may allow more or less time for filing charges, and if there are additional charges, those times can be increased.

The following table provides a list of each state’s specific criminal code regarding pending charges, so that anyone can learn how to inquire if there are pending charges against me for free.

How Long Do Police Have to Charge You With a Crime?

Does a police report appear on a background check? It can. Depending on the severity of the crime, the police also have a limited amount of time before they must charge someone. For example, most people have heard that there is no statute of limitation for murder. The statute of limitations is the legal name for how long the police have to charge someone after a crime has occurred.

(Image: Kindel Media¹¹)

Typically, a person is charged within a very short time after committing a crime. However, this time period can be influenced by the crime committed, evidence of the crime, and the district attorney’s office paperwork times.⁶

Once a person is arrested for a crime, the state will have specific statutes regarding the enforcement time limits. Most states have 72-hour time limits, with some exceptions having just 48 hours for the police to charge the person arrested.⁷

Overall, the time the police have to charge someone with a felony crime is for three years.  

However, depending on the crime, the limit can be extended. Furthermore, prosecutors will often file criminal charges within 2-3 days after someone is charged with a crime.⁸

How Long After A Crime Can You Be Charged? (Statute of Limitations for Felony Chart)

How long can a felony charge be pending? Do pending court cases show up on a background check? The answer depends on the type of felony committed.

There are different time limits for how a person can be charged with a felony and the respective jail time for 2 or more felony charges grouped together. The following table outlines some of the most common criminal offenses:

Understanding the statute of limitation in each state for respective crimes can help a person understand the criminal court system, as well as how long can a felony charge be pending, based on the type of crime committed.