Why would someone keep asking for a continuance?

What does it mean when your court date keeps 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.

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.

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.

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.

Why do lawyers delay cases?

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.

What is a stipulation for continuance?

The stipulation MUST BE SUPPORTED by facts in the stipulation that clearly explains the reasons for requesting a continuance of the hearing and/or extension of filing deadlines, and why the the timeline for a continuance/extension is appropriate under the circumstances.

Why does the attorney keep resetting the court date?

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. After the automatic resets run out, a defense lawyer must speak with a judge and obtain their permission.

How many times can you ask for a continuance?

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 do you know if your case will be dismissed?

What does it mean when someone files a 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.

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 ...

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.

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.

Why does my case keep getting continued?

Continuance Without a Finding (CWOF) is common in cases where the evidence supports a guilty finding. This is when the defendant acknowledges guilt for pleading purposes, but the court does not enter a guilty finding. Instead, it continues the case which will be dismissed upon completion of certain conditions.

Can a motion for continuance be denied?

In a Nutshell: A judge may deny a Motion to Continue filed by the prosecution, even if it foreseeably means a motion to suppress may be granted, resulting in dismissal of the case.

Why does my arraignment keep getting pushed back?

Sometimes an attorney will push an arraignment back to give the attorney more time to negotiate a plea bargain early on the case. Some prosecutors have a policy of making their best offer before arraignment -- and increase the offer after that.

How many times can an attorney postpone a hearing?

Generally speaking, you can ask as many times as you like -- how many times the Judge will allow you to reschedule is a different question and one that cannot be answered by anybody but the Judge. Every case is different and every Judge is different.

How do I object to a continuance?

An objection to a continuance should be clear and positive, though no particular form of words is required. Words such as “I object,” or “We want it tried,” are clear enough. Expressions such as “Well, we leave it up to the court,” or “I cannot consent,” are equivocal, and will not be taken as objections.

What is the law of continuance?

A continuance may be requested when a party needs additional time to appear on a matter or comply with a court order. The prosecution, the defense or the judge may continue a hearing.