What reasons for trial delay are legitimate?
Asked by: Dr. Janae Heller I | Last update: July 11, 2025Score: 5/5 (19 votes)
- Psychiatric evaluations. Criminal trials may be delayed while the defendant undergoes psychiatric evaluation to determine whether or not he is fit to stand trial. ...
- Change of venue. ...
- More time needed to prepare. ...
- Scheduling conflicts. ...
- Emergencies.
What are the reasons for delayed trials?
During trials, delays may occur for many reasons. For example, a witness may be delayed, or the judge may take time to look up the law on a point that has just been raised, or the lawyers may be presenting an argument or point of law to the judge that must be argued away from the jury.
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.
Why would a prosecutor ask for a continuance?
Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.
Why do prosecutors delay trials?
Delaying the trial can serve many purposes. If the delay is based on proper reasons, it may allow the defense and the government to adequately prepare for the trial. For example, both sides can have ample time to gather and review evidence in the case.
3 COMMON REASONS CRIMINAL TRIALS ARE DELAYED
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.
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.
Why do lawyers drag out cases?
It's frustrating when a legal case takes a long time to settle, but there are many reasons why your lawyer might need more time. They could be busy collecting evidence, dealing with complicated legal issues, or negotiating with the other side. Sometimes, waiting a bit longer can even result in a better outcome for you.
What is good cause to continue a trial?
- Either the defendant or prosecution needs more time to prepare for trial;
- The defendant became ill or experienced an unexpected life change;
- Witnesses cannot be tracked down or cannot attend the scheduled court date;
- The defendant needs more time to retain a lawyer;
What factors should the judge examine when considering the prosecutor's request to postpone the trial?
The test requires the court to consider the length of the delay, the cause of the delay, the defendant's assertion of his right to a speedy trial, and the presence or absence of prejudice resulting from the delay.
Why would a Judge postpone a hearing?
A hearing may be postponed by the Judge on the Judge's own initiative or for good cause shown upon the motion of a party. A motion for postponement shall state the position of the other parties, either by a joint motion or by a representation of the moving party.
Can a continuance be denied?
A judge may deny a continuance when: the new evidence is reasonably related to evidence the defendant already knows about. the defendant has enough time without the continuance to prepare for the new evidence.
How do you know if your case will be dismissed?
Some signs we look for are a lack of physical evidence, gaps in the chain of custody of evidence, contradictory eyewitness accounts, or witnesses who lack credibility. If the prosecution's case is built on a shaky foundation, they often realize a dismissal or plea deal is their best option.
Why is my trial taking so long?
The court has a large amount of discretion in scheduling matters and given the limited resources of our judicial system, it is not surprising that delays happen. Also contributing to the traffic jams in our courts are the sheer number of cases and the shortage of judges.
What four criteria are used to determine if a trial delay is unconstitutional?
(an appellate court weighs the following four factors to determine if there is a Sixth Amendment speedy trial violation: (1) the length of the delay; (2) the reasons for the delay; (3) the accused's demand for a speedy trial; and (4) the prejudice to the accused).
What is a delay of trial called?
continuance. 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 would a lawyer keep continuing a case?
Lawyers can apply to the court for continuence if the prosecution or defence makes meaningful changes to the facts contained in the indictment, the defense may be justified in seeking a continuance so that they can prepare for the changed facts.
When there is enough evidence to bring to trial?
If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled. However, if the judge does not believe the evidence establishes probable cause that the defendant committed the offence, they will dismiss the charges.
What are 3 outcomes of a trial?
Case outcomes include Dismissal or Withdrawal, Diversion, a Guilty verdict, a Guilty plea, or an Acquittal (Not Guilty verdict). Except in the case of Acquittal, any outcome is subject to change through Refile, Reconsideration, or Appeal.
Why do lawyers use delay tactics?
One common defense tactic in litigation is delay. This is particularly true in insurance coverage and bad-faith litigation. The longer an insurer holds on to the benefits, the more money it makes. The delay tactics start the moment the suit is filed.
Can a lawyer drop your case without telling you?
First, the attorney must give the client proper notice of the intended withdrawal as well as notices of upcoming hearing dates, etc. The attorney must also notify the court of the client's contact information so that notices can be sent directly to the client following the withdrawal.
How do you know a bad lawyer?
Any behavior that compromises professionalism, such as rudeness, tardiness, or lack of respect for client confidentiality, should raise concerns about the lawyer's competence. Additionally, ethical misconduct or disciplinary actions by regulatory authorities may indicate a lack of integrity and competence.
Why would a trial be postponed?
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.
What is a good cause for continuance?
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...
How many times can a defendant ask for a continuance?
If the defense is asking for continuances, he would be expected to provide the judge with a good reason for it Without a good reason, the judge won't grant it. With a valid reason, one side or the other can almost always get a continuance. There's no set amount of continuances that can be obtained.