Why does my lawyer keep asking for a continuance?

Is a continuance good or bad?

Because continuances delay the resolution of a case, judges typically frown upon them. It's usually only when the defendant's rights might otherwise be violated that a court will grant a continuance request.

How long can a lawyer postpone a case?

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 do court cases keep getting continued?

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.

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 does it mean when a lawyer asks for a continuance?

A continuance is when the court grants a request to delay a hearing, trial, or other legal proceedings until a later date. It can be requested by either the defense or prosecution and, in some cases, even by the judge.

Why do court cases keep getting 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.

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.

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.

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 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.

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.

How many times can a lawyer 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.

What does it mean when your court date keeps getting pushed back?

Prosecutors may use various tools to push back the trial date for criminal cases. For example, they may request an extension of the trial date to have extra time to locate witnesses.

What is the automatic continuance?

The automatic continuance of insurance coverage is referred to as renewal. Renewal is the process by which an insurance policy is extended for another term without requiring the policyholder to take any specific action.

What are two reasons for granting a trial continuance?

Why would a court issue a stay?

The primary purpose of a stay is to preserve the status quo between the parties, keeping the issue ripe for the courts so they can adjudicate it. The stay ensures that any decision rendered by the appellate court will actually affect the present one.

Why does my lawyer want to go to trial?

Disagreement on Damages

Damage disputes can lead to a trial where a jury will determine how much damages to be awarded. Disagreement on the amount of damages is the most common reason a personal injury lawyer takes the case to trial.

How many times can a lawyer reset a case?

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 do prosecutors drag out cases?

The reality is that prosecutors and district attorneys often deal with far too many cases than they are able to handle. As a result, they may be forced to allocate their time and resources to certain priority cases, while dropping or dismissing minor crimes.

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.