Why does my case keep getting continued?
Asked by: Nestor Weber | Last update: December 14, 2025Score: 4.6/5 (21 votes)
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 does the court keep continuing my case?
There are many reasons cases are continued. Mostly it is because one side or the other needs more time to prepare for trial. Additional time allows for negotiations, finding witnesses, and preparing exhibits.
Is a continuance good or bad?
A continuance is granted for good cause. More time to prepare could be good cause depending upon the circumstances. You (or your attorney) must argue how desperate you are for court orders, and/or that more preparation is not necessary based upon the circumstances.
Why do prosecutors 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.
What does "continue" mean in a court case?
A continuance may be requested when a party needs additional time to appear on a matter or comply with a court order.
Motion For Continuance
How many times can you get a continuance?
How Many Continuances Are Allowed? 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.
What is a continuing case?
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte.
Why does my case 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.
What are the signs of a weak case?
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.
How long can a court case be dragged out?
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.
Why would someone keep asking 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.
What is a good reason for a continuance?
Common examples of reasons to request continuance include: Service of process not made upon a defendant. In civil cases, all defendants must be adequately served with legal documents. If the service of process fails, the court may grant a continuance to allow the defendant time to prepare a defense.
Do both parties have to agree to a continuance?
Even if the other party does not agree, you may still contact the court to request a continuance of the hearing date. With the current public health crisis, judges may be more sensitive to health concerns and more lenient in granting continuances.
Why do court cases keep getting reset?
Prosecuting attorneys also have the right to reset a case, and they often do so to gather more evidence against the defendant. These resets can happen directly with the court administrator.
How do you know if your case will be dismissed?
If your defense attorney identifies substantial weaknesses in the prosecution's evidence or procedural errors that violate your rights, it can lead to a motion to dismiss. For instance, if evidence was obtained unlawfully or crucial witnesses failed to appear, the prosecution's case may crumble.
What is the hardest case to prove in court?
A: Crimes against minors, white collar crimes, and first-degree murder are sometimes the hardest cases to defend.
How do you know if a case is being built against you?
If if the state you refer to is in the US, you could try calling the local public defender's office for the county where the charges would likely be filed and see if they could run your name and find out if there's a case and/or a warrant out on you.
Do lawyers feel bad when they lose a case?
Yes, lawyers do care if they lose.
Failure to secure a favorable outcome for their client may trigger feelings of self-doubt, loss of self-esteem, depression, and anxiety.
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.
Why is my lawyer dragging my case?
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.
How many times can a 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.
Why do lawyers file continuance?
Sometimes, you or your attorney may need more time to prepare for court, gather evidence, or consult a critical witness. That's where a continuance comes in.
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 a continuing offense?
A continuing offense is a violation of the law that occurs over a period of time rather than in a single instance. It is an offense that continues to be committed until it is stopped or prevented.