when your attorney files for continuence

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord. Reasons for a Continuance Lawyers typically seek continuances because they want more time to prepare for trial.

Full Answer

Can a defense attorney ask for a continuance?

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord. Reasons for a Continuance. Lawyers typically seek continuances because they want more time to prepare for trial.

How do I get a continuance for my court date?

May 30, 2014 · There are times when your attorney needs to make a last minute decision on your behalf. Where it doesn't involve a substantive right, such as one in Family Law that affects your children, property or support, such as a court date continuance, often an attorney could be faced with a last minute decision. A continuance request is such a situation.

What happens if you file a motion for continuance in court?

A continuance gives you and your divorce attorney more time to prepare for your hearing. This would include time to consult experts and possibly retain expert witnesses; obtain a professional appraisal on property or an evaluation on custody or parenting time issues; conduct a deposition for the opposing party or their experts; or simply have ...

What is a continuance in a criminal case?

In spite of this general approach, both the defense and the prosecution in a criminal case (and the court, on its own motion) may ask for and obtain a continuance, beginning with the defendant’s first appearance, which is typically the arraignment (where the defendant is appraised of the charges and asked how he wishes to plead). Requests (called “motions”) for a continuance can …

Is a continuance a good thing?

A continuance in a criminal trial is a formal delay of the trial that can be requested by either side, before or during the trial. ... Requesting a continuance and receiving one are two very different things; it is important to have a good reason behind the request because it is a good reason the judge will expect.Jul 23, 2018

What does final continuance mean?

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.

What does a continuance mean in law?

The suspension or postponement of a trial or court proceeding. Continuance is made on a case-by-case basis at the court's discretion. Courts balance giving the moving party enough time; the need to make the trial timely and speedy; and the interests of justice. courts. criminal law.

What is the difference between continuation and continuance?

As nouns the difference between continuance and continuation is that continuance is (uncountable) the action of continuing while continuation is the act or state of continuing; the state of being continued; uninterrupted extension or succession; prolongation; propagation.

What is a good reason to 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.Oct 18, 2021

What is the difference between adjournment and continuance?

(US) the postponement or adjournment of a legal proceeding. CONTINUANCE, practice. The adjournment of a cause from one day to another is called a continuance, an entry of which is made upon the record.

What does it mean for a case to be 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.

What is enlargement in law?

To extend; as, to enlarge a rule to plead, is to extend the time during which a defendant may plead. To enlarge, means also to set at liberty; as, the prisoner was enlarged on giving bail.

Typical Reasons Why Defendants Ask For Continuances

Judges are often asked to continue a hearing or a trial for these reasons: 1. At arraignment, to secure counsel. An arrestee’s first court appearan...

Typical Reasons Why Prosecutors Ask For Continuances

Prosecutors must bring a case to trial within the speedy trial window unless the defendant has waived time. If the defendant refuses to waive time...

When The Judge Says, “No,” Does The Defendant Have Any recourse?

Judges are normally very careful to document the evidence offered in support of the motion for a continuance, and their reasons for granting or den...

Questions For Your Attorney

1. I’ve waived time and need more time to prepare my case. What do I have to tell the judge to get the trial date pushed back? 2. If the prosecutor...

What is a continuance request?

A continuance request is such a situation.

Can I fire my attorney?

You can fire your attorney. However, doing so may just be a waste of your money since you would need to hire another attorney who will charge you money to review your case to catch up.#N#The court can grant a continuance whether you or your attorney agree to the...

What would happen if my attorney refused to agree to a continuance?

If your attorney had refused to agree to the continuance because you did not agree, your attorney would look bad to the court and to opposing counsel. It is entirely possible that there was a perfectly good reason why the other attorney needed the matter set over. So your attorney could show up and charge you money to object to the continuance, which would have been granted anyway and you would need to...

Benefits of a Motion for Continuance

A continuance gives you and your divorce attorney more time to prepare for your hearing.

How a Continuance Could Damage Your Case

While both of the above circumstances can be used to gain benefit from a continuance, in some circumstances, continuing your hearing could be detrimental to your case.

What questions should I ask my attorney?

Questions for Your Attorney 1 I’ve waived time and need more time to prepare my case. What do I have to tell the judge to get the trial date pushed back? 2 If the prosecutor asks for a continuance and gets it, can I challenge the delay by filing a writ in the appellate court? 3 I’d like to hire new counsel because I think the one I have is not doing a good job. What do I have to tell the judge to get time for finding a new lawyer?

What is the first appearance of a defendant?

In spite of this general approach, both the defense and the prosecution in a criminal case (and the court, on its own motion) may ask for and obtain a continuance, beginning with the defendant’s first appearance, which is typically the arraignment (where the defendant is appraised of the charges and asked how he wishes to plead).

Can a prosecutor waive time?

If the defendant refuses to waive time in response to the prosecutor’s request for a continuance, the case can be dismissed. And even when the defendant has waived time, the prosecutor must obtain the court’s approval for a continuance.

What are speedy trials?

Speedy Trial Rights and Requirements. For the reasons above, speedy trials are required by statute in most states, which set “speedy trial” windows. Defendants can give up these speedy trial protections by “waiving time,” but even when they do, continuances are explicitly disfavored. In spite of this general approach, ...

What is the purpose of arraignment?

At the arraignment, to secure counsel. An arrestee’s first court appearance is often the arraignment, when the judge reads the charges and asks for a plea. Defendants who have not secured counsel may ask for a postponement to give them time to hire a lawyer. These requests are usually granted, but not indefinitely.

What is a writ in court?

The parties file what’s known as a “writ,” asking the higher court to review the evidence and the reasons given by the trial court for its denial. Most of the time, the lower court’s ruling is undisturbed, unless the higher court finds that it is unsupported by the evidence or due to flagrant abuse of discretion.

What is a motion for continuance?

A motion for continuance is the legally appropriate way to request more time; to delay a case; to continue it another day.

How long does a motion for continuance last?

If granted, the motion for continuance can shift the case to many weeks or months in the future. A new court date is set and published to all parties.

Which amendment gives you the right to a speedy trial?

Your family law matter is a legal case, and as such entitles you to a speedy trial under the Sixth A mendment to the U.S. Constitution. You and your attorney may waive that right to lock in certain benefits of a continuance:

Can a motion for continuance hurt your case?

Though filing a motion could help, a motion for continuance could also hurt your case. If you get more time to prepare your case, so does the opposing side. In family law matters, court time is far slower than child-growing-up time, so you may miss opportunities to be with your own children due to the drawn-out proceedings.

Can you delay a hearing?

You cannot delay simply for the sake of delay; you need legitimate reasons to postpone a hearing or trial, so a flimsy excuse could lead to a denial of the motion. Opposing counsel does not have to go along; you yield power to the other side by seeking their approval of your delay.

Why do people change their minds about self representation?

The good thing is you will most likely get a continuance to obtain an attorney if you ask; As long as your case is not scheduled for trial and you have not failed to show up or otherwise continued the case in the immediate past.

Do it yourself society?

We seem to be more of a Do It Yourself society than ever before. This is true even when it comes to representing yourself in court. Abe Lincoln said “He who represents himself has a fool for a client”. Yet now there are options if you realize you may be over your head. It is possible to get a continuance to obtain an attorney, or hire an attorney for Limited Representation to make sure you do not make severe errors while representing yourself.

Do people represent themselves in court?

There are many people who try to represent themselves at court and some do a better job than others. Some get more helpful advice from the court service centers than others. Some get judges that are more patient than others. Some issues are just easier to deal with than others.