How long after arraignment sentencing happens depends almost entirely on how the case resolves. A minor misdemeanor can be pleaded and sentenced the same day. A federal felony that goes to trial often runs past a year from arraignment, and even a straightforward federal guilty plea is usually followed by a sentencing hearing about 75 to 90 days later because a presentence investigation has to happen first. State timelines vary by jurisdiction and by offense.
The Two Paths That Decide the Timeline
After a not-guilty plea at arraignment, a case moves onto one of two tracks. Roughly 90 to 95 percent of criminal cases in both federal and state courts resolve through plea bargaining rather than trial.1Bureau of Justice Assistance. Research Summary – Plea and Charge Bargaining The plea path is dramatically shorter than the trial path, and where your case lands on that split is the biggest single factor in how long you will wait for sentencing.
The other big factor is what happens between arraignment and resolution. Discovery, pre-trial motions, competency questions, and judge-granted continuances all consume weeks or months, and they do so whether the case ultimately pleads out or goes to trial.
If You Plead Guilty
A guilty plea is the fastest route from arraignment to sentencing. For minor misdemeanors, the judge may impose a sentence immediately after accepting the plea. For felonies and more serious offenses, the court schedules a separate sentencing hearing weeks or months later.
The negotiation itself takes as long as it takes. Some defendants reach a deal within days of arraignment; others negotiate for months while their attorneys review discovery and argue over charges. A plea agreement under the federal rules can drop certain charges, recommend a sentence or range that does not bind the judge, or lock in a specific sentence that binds the judge once the court accepts the deal.2Legal Information Institute. Federal Rules of Criminal Procedure Rule 11 – Pleas
Once the plea is entered, the total elapsed time from arraignment through plea to sentencing is often a few weeks to several months, driven mostly by whether a presentence report is required and how quickly it can be prepared.
If You Go to Trial
Choosing trial extends the timeline significantly. Federal law sets an outer boundary: under the Speedy Trial Act, trial must begin within 70 days of the indictment or the defendant’s first court appearance, whichever comes later. Unless the defendant agrees otherwise, trial also cannot begin fewer than 30 days after the defendant first appears with counsel.3Office of the Law Revision Counsel. 18 U.S. Code 3161 – Time Limits and Exclusions
That 70-day window sounds tight, but many common events pause the clock: pre-trial motions, competency evaluations, interlocutory appeals, and continuances granted by the judge. Judges can also grant open-ended continuances when the “ends of justice” require it, such as in unusually complex cases. In practice, the real elapsed time from arraignment to trial often far exceeds 70 calendar days. State courts follow their own speedy trial rules, and the deadlines vary considerably.
The Pre-Trial Phase
Two processes dominate the wait. Discovery is the exchange of information between prosecution and defense. Federal rules require the government to share the defendant’s own prior statements, documents and physical evidence relevant to the case, and expert witness information it plans to use at trial.4Legal Information Institute. Federal Rules of Criminal Procedure Rule 16 – Discovery and Inspection The prosecution also has a continuing obligation under Brady v. Maryland to turn over evidence favorable to the defendant that is material to guilt or punishment.5Justia. Brady v. Maryland, 373 U.S. 83 (1963)
Pre-trial motions run alongside discovery. A defense attorney might move to suppress evidence obtained through an illegal search, or to dismiss a defective indictment. Federal rules require that certain motions, including suppression motions, be filed before trial if the basis is already known.6Legal Information Institute. Federal Rules of Criminal Procedure Rule 12 – Pleadings and Pretrial Motions Each motion triggers briefing schedules and hearings. In a straightforward case, the pre-trial phase might last two to four months. In a complex fraud or conspiracy case with multiple defendants, it can stretch past a year.
Trial and Post-Verdict Motions
Jury selection alone can consume days. The trial itself involves opening statements, witness testimony, and closing arguments; a simple case might wrap up in a few days, while a complex one can run for weeks.
A guilty verdict does not end the wait for sentencing. The defense has 14 days after the verdict to file a motion asking the court to set aside the conviction for insufficient evidence.7Legal Information Institute. Federal Rules of Criminal Procedure Rule 29 – Motion for a Judgment of Acquittal Motions for a new trial based on newly discovered evidence can be filed up to two years after final judgment. Post-verdict motions must be resolved before sentencing, and they can add weeks or months when they involve contested factual questions.
From Conviction to Sentencing Day
Whether the conviction comes by plea or verdict, sentencing rarely happens the same day in serious cases. Federal rules require the court to impose sentence “without unnecessary delay,” but several procedural steps must happen first.8Legal Information Institute. Federal Rules of Criminal Procedure Rule 32 – Sentencing and Judgment
The Presentence Investigation Deadlines
A federal probation officer conducts an independent investigation before making a sentencing recommendation. The officer interviews the defendant about background, education, employment, criminal history, finances, health, and substance use. The resulting presentence report summarizes those findings, calculates the applicable guidelines range, and includes any victim impact statements.9United States Courts. Presentence Investigations
The rules build in fixed windows. The probation officer must provide the report to both sides at least 35 days before sentencing. The parties then have 14 days to file written objections. The officer submits the final report, with an addendum addressing any unresolved objections, at least 7 days before the hearing.8Legal Information Institute. Federal Rules of Criminal Procedure Rule 32 – Sentencing and Judgment
These built-in deadlines alone account for much of the gap between conviction and sentencing. In federal court, sentencing typically occurs about 75 days after conviction when the defendant is in custody, or about 90 days when the defendant is released on bail.
The Hearing Itself
At the sentencing hearing, the court must give both attorneys an opportunity to speak and must address the defendant personally, allowing them to say anything they wish before the sentence is imposed.8Legal Information Institute. Federal Rules of Criminal Procedure Rule 32 – Sentencing and Judgment This right of personal address is called allocution. Crime victims also have the right to be heard at sentencing and must receive timely notice of both the hearing date and any plea agreement reached in the case.10Office of the Law Revision Counsel. 18 U.S. Code 3771 – Crime Victims Rights
Disputes about how to calculate the federal sentencing guidelines range can extend the hearing itself, sometimes producing mini-trials over contested facts before the judge announces a sentence.
What Stretches or Shortens the Wait
No two cases move at the same pace. A handful of factors consistently push the timeline in one direction or the other.
- Severity and complexity of the charges. A felony case with multiple defendants, extensive financial records, or expert testimony takes far longer to investigate, negotiate, and try than a simple misdemeanor.
- Volume of discovery. Cases involving digital evidence, wiretaps, or large document collections can spend months in discovery alone, with both sides requesting extensions to review the material.
- Court congestion. Busy dockets delay hearing dates and trial scheduling. The Speedy Trial Act prohibits judges from granting continuances solely because the calendar is congested, but related scheduling pressures still cause practical delays.11Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions
- Custody status. Defendants held in jail before trial generally have their cases prioritized over defendants released on bail.
- Defense strategy. Filing multiple pre-trial motions, requesting continuances to retain new counsel, or challenging evidence at every stage are legitimate tactics, but each one adds time. Every “ends of justice” continuance pauses the speedy trial clock.
Credit for Time Spent Waiting
When a defendant spends months in jail between arraignment and sentencing, that time does not simply vanish. Federal law requires that a defendant receive credit toward their sentence for time spent in official custody before the sentence began, as long as the detention resulted from the offense being sentenced or from an arrest after that offense was committed.12Office of the Law Revision Counsel. 18 U.S. Code 3552 – Presentence Reports The Bureau of Prisons calculates this credit, not the sentencing judge. One important limit: the same days cannot be credited against two different sentences. If pretrial detention time was already applied to another case, it will not count again toward the new sentence.
For defendants out on bail, the pre-sentencing period carries different costs. Conditions of release may include electronic monitoring, travel restrictions, drug testing, or check-ins with pretrial services. Those restrictions persist for as long as the case remains open.