Why do they keep postponing my court date?
Asked by: Antonia Beer | Last update: May 17, 2025Score: 4.4/5 (9 votes)
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.
Why does my court date keep getting pushed?
There could be a number of reasons why your court date keeps getting postponed. The most likely is that the DA's office is requesting further information from the law enforcement agency that arrested you, is requesting that the agency investigate further, or has just not gotten around to filing the complaint.
Why do hearings get postponed?
Something that needs to be done for the case or evidence that isn't available yet. Potentially settlement talks between the parties. But delaying the hearing is entirely up to the court. You could use other life mitigating factors such as illness or a death in the family.
Why do they keep resetting my court date?
It's a common legal strategy for minor crimes. If someone shows up to court several times in a row, just to be told to come back another time, often they eventually give up. If you finally go to court next month and the witness doesn't show, it will be hard for a prosecutor to make a case.
Why do they keep continuing my court date?
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 Was My Court Date Changed? // Right Law Group #colorado
How many times can a case 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.
How many continuances are allowed in court?
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.)
What does it mean when a case is postponed?
n. a postponement of a date of a trial, hearing or other court appearance to a later fixed date by order of the court, or upon a stipulation (legal agreement) by the attorneys and approved by the court or (where local rules permit) by the clerk of the court.
Why do court cases get delayed?
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.
Is a continuance a good thing?
Good reasons for requesting a continuance include unforeseen personal emergencies, the need for additional time to prepare the case, the unavailability of a key witness, or obtaining new evidence that could significantly impact the outcome of the case.
How do I stop a motion for continuance?
You can oppose the motion for continuance by filing a written response. Be aware, however, that the judge has discretion whether to grant the motion, meaning he can do so without a formal hearing and it is unlikely another judge would reverse his decision.
What is the difference between a postponement and a continuance?
Continuances are similar to both postponements and stays of proceedings. Postponements also delay proceedings for different reasons, but postponements usually only delay until another date within the current term of the court, unlike continuances that may be extended to another term.
How long can the court postpone your case?
However, it is generally recognized that eight months is the maximum amount of time a court case can be postponed for. This is due to the Sixth Amendment to the constitution that says “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial”.
Why do courts drag out cases?
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.
How many times can they move a court date?
There is no magic number of times you can ask. It depends on the judge and the reason for the request. You can't keep going to court asking for a continuance for the same reason over and over again.
Why do they keep changing my court date?
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 does postpone in court mean?
A “motion for a continuance” is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date.
What does it mean when it says postponed?
postponed; postponing. 1. : to put off to a later time. 2. : to place later in precedence, preference, or importance.
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. Time for the defense.
Can a continuance be denied?
While many situations warrant filing a motion of continuance in a legal case, judges do not always grant these requests. They can deny a continuance if they believe the requesting party isn't acting in good faith. Common reasons to deny include: Delay tactics.
What is a good cause for a continuance?
(2) For purposes of this section, "good cause" includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section ...
What is the strongest form of evidence against a defendant?
The reading material proposes that one of the most grounded types of proof against a litigant is immediate proof. Direct evidence refers to evidence that directly proves a fact without the need for inference or presumption. It provides an unequivocal link between the defendant and the alleged offense.
How long can an arraignment be postponed?
If the defendant has already been arrested and is in jail, then the arraignment must happen within 48 to 72 hours. If not, it can take anywhere from a few days to weeks, which could violate the defendant's constitutional rights. In general, these steps are what you can expect at an arraignment in the US.
What happens when your court date is cancelled?
The case will normally be rescheduled. There are many reasons for canceling a court date. Just some of them: A power failure at the courthouse.