How many times can a criminal trial be continued?
Asked by: Mrs. Karine Cremin DVM | Last update: January 18, 2026Score: 4.7/5 (7 votes)
Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied.
How many times can a trial be reset?
The number of times a case can be reset depends on the circumstances. For example, if a defendant has a court-appointed public defender, they can automatically reset the case three times. However, a criminal defense attorney who you hire on your own can automatically reset a case four times.
Why does my case keep getting continued?
Cases are often continued to allow the defense attorney more time to prepare (get discovery, review it, prepare a defense, meet with clients). Typically the defense attorney asks for that type of contiuance. Prosecutor may ask for continuance if their schedule for a trial is conflicting with suggested court dates.
How many continuances can you get in a criminal case?
Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied. (The judge could also reprimand the lawyer.)
How many times can a criminal case be retried?
How many times can a defendant be retried? For those facing hung jury retrials, it's as many times as the government pleases. Double jeopardy prohibitions do not apply when juries fail to reach a verdict. There is, theoretically, a built-in procedural solution to stop the government from endlessly retrying defendants.
how many criminal cases actually go to trial
Can you be put on trial twice?
In California law, this protection is codified in Penal Code 687 PC, which states: "No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted." The double jeopardy principle protects people from being prosecuted twice for the same crime.
Is a continuance a good thing?
Is a continuance a good thing? A continuance can be beneficial if it allows for a more prepared and fair presentation of a case.
What is the strongest form of evidence against a defendant?
Direct evidence carries significant weight in a trial as it leaves little room for doubt or interpretation. It provides a strong basis for establishing the guilt of a defendant and can significantly impact the outcome of a case.
What does it mean if a trial is continued?
Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.
Why do lawyers drag out criminal cases?
Because of the sheer number of cases and the fact that older cases and cases where the person is in jail usually take priority over newer cases and cases where the person is out on bond, it will often take time for your attorney to obtain discovery, obtain offers and counteroffers, and to place you in a strategic ...
What are two reasons for granting a trial continuance?
- Absence of witness or evidence.
- Absence or incapacity of counsel.
- Absence of party.
- Surprise.
- Other grounds.
What are good reasons to ask for a continuance?
What are valid reasons for requesting a continuance? Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation.
How many times can you try someone in court?
United States. In the United States, the protection in common law against double jeopardy is maintained through the Double Jeopardy Clause of the Fifth Amendment to the Constitution, which provides: ... nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; ...
Why does a trial keep getting pushed back?
Other times, each side might have requested a delay for its own reasons at various times - for example, an attorney might need time to gather more evidence, or a witness might not be available for trial on that date, or there might be a scheduling conflict.
How many times can a felony case be reset?
There is no set law as to how many times a trial can be reset but there are laws related to the time frame for a defendant's prosecution. Make sure any continuances granted are charged against the state and talk with your attorney about the timeframe issue as well as preparing for trial.
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 long can a trial be delayed?
There is no hard and fast rule set out in the US Constitution that defines how long is too long for a delay. However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant's claim that their right to a speedy trial is being denied.
How many times can a trial be rescheduled?
A judge can reschedule a trial as many times as he or she wants, so long as there is good cause to do so.
Can someone be tried twice for the same crime?
The Fifth Amendment's protection against double jeopardy primarily applies to criminal cases. It states you cannot be prosecuted twice for the same criminal charge. This applies to both the federal government and state courts.
What does it mean to plead the 5th?
For someone facing criminal charges, pleading the Fifth means exercising their right to remain silent and not incriminate themselves. If you worry about answering questions out of fear that you may be guilty of a crime, you have the legal right to plead the Fifth.
How successful are retrials?
If there is a second hung jury, the D.A. will almost always choose to dismiss the action, or the court will. of the remaining 40-50% of retrials that are not hung, I would say that it is about 80% convictions and 20% acquittals. So the overall odds of an acquittal or dismissal is somewhere in the 60% range.
Can a judge overrule a jury?
A judge will issue a JNOV if he or she determines that no reasonable jury could have reached the jury's verdict based on the evidence presented at trial, or if the jury incorrectly applied the law in reaching its verdict.
Can I sue after being found not guilty?
If you are accused of a crime and acquitted or otherwise found not guilty of the offense, you can still face a civil lawsuit for the same incident. The Double Jeopardy clause only protects you from subsequent criminal prosecution in the legal system.