By Sarah Phillips, Phillips Law – New Orleans, Louisiana
If you’re facing criminal charges and feel like your case is dragging on, you’re not alone—and you’re not wrong to feel frustrated. Many of our clients come to us asking:
“Why is this taking so long? Is this normal? Is something wrong? Should I fire my attorney?”
These concerns are completely valid. But before making any decisions, it’s important to understand what’s really happening behind the scenes in a criminal case.
At Phillips Law, we help good people through tough times. In this post, we’ll break down:
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Why criminal cases take time
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What we’re doing behind the scenes
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Why the right result matters more than a fast one
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What you can do to help move things forward
5 Common Reasons Criminal Cases Take Time
1. The Courts Are Overloaded
In places like New Orleans and Jefferson Parish, courts juggle hundreds of cases every day. Judges may have 15 to 40 cases on the docket daily. Your case could be delayed simply because the courtroom is overbooked—or because key players like police officers, witnesses, or experts aren’t available.
Real Example:
In a domestic violence case, we had six continuances over several months:
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The judge’s trial ran long
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The officer was out sick
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The judge forgot to block off dates for a CLE
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The DA got sick
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The officer couldn’t be located
We were ready each time. The court was not. And when a defendant is out on bond, cases that involve jail time or more serious charges tend to take priority.
2. Discovery Takes Time
Discovery includes body cam footage, police reports, DNA or lab results, and witness statements. These don’t all arrive at once—and some take months. If a crime lab is backed up, there’s little the court or attorneys can do to speed things up.
Example: One of our cases took over six months just to receive a DNA report. These delays are outside of our control but still critical to building your defense.
3. The District Attorney’s Office Isn’t Ready
The DA may not have reviewed your case yet, contacted key witnesses, or coordinated with law enforcement. High turnover in offices—especially in Orleans Parish—can mean your case switches hands multiple times before anyone takes action.
Example: In one aggravated battery case, delays included:
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Incomplete file reviews
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Inaccessible victims
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Prosecutor changes
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Missing police officers
That’s five delays due to the state, not the defense.
4. We’re Working Toward a Resolution
Many important developments happen outside the courtroom. We may be building leverage for a dismissal, diversion, or reduced charge. That takes time—gathering evidence, negotiating, and following up.
Example: In a theft case, we collected job history, restitution proof, and character letters. After months of work and negotiation, we got the charge dismissed. That wouldn’t have been possible if we had rushed.
5. Delays Can Be Strategic
Sometimes, waiting helps. Emotions cool, witnesses move, and the prosecution loses momentum.
Example: In a domestic abuse case, we knew the alleged victim was unstable. We continued the case strategically. Months later, she moved out of state and no longer wanted to pursue charges—the case was dismissed.
What We’re Doing Behind the Scenes
Just because your case isn’t active in court doesn’t mean we aren’t working. Here’s what our team is doing to move things forward:
🔍 1. Pushing for Discovery
We don’t wait—we follow up with DAs, labs, and law enforcement. If delays persist, we file motions to compel.
📄 2. Reviewing All Evidence
We dive deep:
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Read every police report
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Watch hours of video footage
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Cross-check lab certifications
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Bring in trusted experts to validate scientific evidence
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Analyze and challenge witness statements
🤝 3. Proactive Negotiation
Your file is one of many on a DA’s desk. We humanize your case—through calls, emails, and meetings—to make sure you’re not ignored.
⚖️ 4. Filing Motions to Protect You
If your rights are violated or evidence is mishandled, we file:
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Motions to compel
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Motions to suppress
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Speedy trial demands (when they help, not hurt your case)
📢 5. Keeping You Informed
You’ll never be left wondering. Whether you’re waiting on lab results or preparing for the next step, we keep you in the loop.
Why the Right Result Matters More Than Speed
We want your case to move forward—but not at the cost of your future.
Sometimes, the best outcome depends on:
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Waiting for evidence to arrive
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Allowing time for witnesses to relocate
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Giving the prosecution enough rope to miss deadlines
Quick doesn’t always mean successful. Winning does.
And we will never rush your case just to get it off the docket.
What You Can Do While Your Case Is Pending
You’re not powerless. Here’s how you can help us help you:
✅ Stay out of trouble – One mistake can derail everything
✅ Keep your contact info updated – If we can’t reach you, we can’t move forward
✅ Be responsive – When we message or call, it’s for a reason
✅ Share your progress – New job? School? Supporting family? It helps us during negotiations
✅ Trust the process – Delays are frustrating, but they often serve a purpose
Let’s Talk
If you’re already a client and you’re feeling frustrated, reach out. Message us through the Clio for Clients portal or call us at (504) 434-7000. If we haven’t explained a delay, ask us—we’ll give you a clear answer. And no, it’s probably not our fault.
If you’re not yet a client but your case feels stuck—or you’re thinking it might be time for a new attorney—call us. We’ll schedule a free consultation to see how we can help.
📞 (504) 434-7000
🌐 www.nolacriminaldefense.com
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