Why does my case keep getting continued?

Attorneys often request continuances because their work on other cases has prevented them from devoting the necessary time to the case at hand. Courts usually allow some leeway in these situations, especially for court-appointed defense attorneys.

How do you oppose a motion for continuance?

The objection should be signed by the attorney filing it or by the party, if the party does not have counsel. Local rules may have additional requirements, such as requiring an affidavit in support of the objection. The signed objection should be filed with the court clerk before the deadline set out in the rules.

What does continued motion of defense mean?

Continuing a trial means asking the judge to postpone the trial date. The most common reason your criminal attorney will request a Motion to Continue is to have additional time to prepare for trial. Your lawyer may need more time to gather evidence, hire an additional expert or speak to other witnesses.

Can a continuance be denied?

Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant’s rights. They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation.

How many times can a hearing be continued?

There is no limit on the number a times a case can be continued. There is an urban legend that each side gets three continuances, but that is just not the case.

How many times can the defense ask for continuance?

Why would a defense attorney request a continuance?

Attorneys often request continuances because their work on other cases has prevented them from devoting the necessary time to the case at hand. Courts usually allow some leeway in these situations, especially for court-appointed defense attorneys. Time for the defense.

What is a continuance in a criminal trial?

Sometimes the prosecution or the defense in a criminal trial discovers that they will not be ready to present their case properly at the scheduled time. Either side can ask the court for a continuance, or the judge can order a continuance independently if they feel that it is necessary.

Why are judges more likely to grant continuances?

Stedman said judges unfamiliar with cases also may be more likely to grant a continuance because, if they force a case to trial when the defense says it’s not ready, they invite appeals. “This hamstrings both the prosecutors and the courts and forces us to hesitate to oppose a continuance,” said Stedman.

Can a prosecution challenge a denial of a continuance?

In fact, even the prosecution can challenge a denial of its request for a continuance. The parties file what’s known as a “writ,” asking the higher court to review the evidence and the reasons given by the trial court for its denial.