why would an attorney ask for a continuance

Reasons for a Continuance

• Insufficient Time to Prepare in General. Both the prosecution and the defense are entitled to a reasonable time to prepare for trial. ...
• Changes to the Indictment or Information. ...
• Replacing Counsel. ...
• Surprise Witnesses or Evidence. ...
• Surprise Testimony. ...

Full Answer

Can a court-appointed Attorney request a continuance?

Mar 28, 2022 · Why would a lawyer ask for a continuance? 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.

What are some common reasons for continuances in court?

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 continuance in a divorce case?

If the defendant needs to find another lawyer, a court could also give the defendant a reasonable amount of time to secure a new attorney. To deal with adverse pretrial publicity. Occasionally, defendants will ask for a continuance on the grounds of prejudicial publicity. Whether that motion will be granted depends on the facts of each case.

How long does a continuance have to be granted?

Feb 14, 2018 · There is always a chance that the judge will move forward without granting your continuance. You can ask, though – after all, it never hurts to ask. As a pro se litigant (a person showing up to represent herself without an attorney) you stand a better chance than most.

What does continuance mean in legal terms?

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 a continuance message?

A request for continuance in a legal setting is a request that court proceedings be postponed until a later date.

How many continuances can you get?

No set number of continuances are allowed in a court case. Whether continuances are granted and how many are granted rest entirely upon the discretion of the court.Jan 29, 2020

Why do attorneys reset court dates?

Resets happen for any number of reasons—courts face an overload of cases to manage, attorneys require additional time to prepare, or witnesses' availability changes. However, some reasons run deeper than mere logistical management and point to a pattern of coercing guilty pleas.Aug 12, 2020

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 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).

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.

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 is initial appearance?

So, if it’s just your initial appearance, you don’t need to panic as much. An initial appearance is when the judge is going to figure out what the issues are, maybe appoint a Guardian ad litem, and then set the matter for a contested trial. You’ll have a chance to hire an attorney after the initial appearance and before the trial date. You can ask that the trial date be set out so that you have time to retain counsel and your new attorney has time to prepare and familiarize herself with your case. So, take a deep breath. If it’s just an initial appearance, you’re okay.

Can I file for divorce if I'm married to my child's father?

If you’re too scared to go to court and ask for a continuance (I get it – it’s scary!) and you’re married to your child’s father, you can always file for divorce. Then, it doesn’t matter whether your attorney has time to prepare for your custody case. If they file for divorce in the circuit court, they can divest (meaning, basically, remove) jurisdiction from the juvenile court, and take it up to circuit court instead!#N#That will put your entire divorce action together, rather than separating out the custody portion from the divorce (because, after all, you’ll still have to do the divorce part separately later on down the line).

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 is the purpose of a continuance?

When pursuing a continuance, the party requesting the extension typically has to provide proof that the continuance is being sought in good faith. For example, a defendant requesting a continuance because of her poor health may be required to provide a doctor’s note attesting to her current health status and supporting her need to extend the time before her trial.

How long does a continuance last?

Common lengths of time for case continuances are six to eight months, but it may take longer or shorter, depending on the case.

What is civil law?

Conversely, civil law deals with all violations of non-criminal law, such as building violations and violations of anti-discrimination laws like Title VII of the Civil Rights Act. In a civil case, the plaintiff can be an individual, a private company, a nonprofit organization or a government entity.

What is a motion to continue?

When the court receives a Motion to Continue, it may, at its discretion, approve or deny the motion. Typically, the court approves motions that cite valid reasons for pursuing continuance. A Motion to Continue has three parts: the Motion, the Memorandum of Points and Authorities and the Declaration.

How many times can a case be postponed?

A case may be postponed as many times as the court deems it to be necessary. As long as there is an acceptable reason to grant a continuance, the court may grant it and prolong a legal proceeding.

Can a trial date be extended?

When this happens, either of the parties may request a continuance, a trial date extension granted by the court. There are numerous reasons why an individual may need to request a continuance.

What is a Memorandum of Points and Authorities?

The Memorandum of Points and Authorities is the document that outlines the circumstances of the case and the legal reasons why the continuance should be granted. In the Declaration, the individual states all the specific reasons why the case should be postponed. In many civil cases, both parties are required to agree to ...

2 attorney answers

For every case where you hear about prosecutors being overzealous and unreasonable, they work out deals or outright dismiss case they see to be weak.

Robert M. Gardner Jr

For every case where you hear about prosecutors being overzealous and unreasonable, they work out deals or outright dismiss case they see to be weak.

Daniel G. Galivan

It sounds like something very basic has not been explained to you: The same conduct that gives rise to civil liability if often alleged to be criminal as well. In other words, a client may be pursuing a civil claim against you and the state can charge with a crime for the very same conduct. If the state's attorney has not yet indicted you (i.e.

Alexander M. Ivakhnenko

Do not make more issues than you have. Please work with your counsels and do not make their work more difficult.

Nehad Zayyad

You both are represented by counsel, and both of you should ask your respective attorneys. It appears that the State may want bring criminal charges against you by asking for a continuance. Stop discussing your case online should refrain from discussing your case online or with anyone other than your attorney.

Gerald William Napleton

Going off your additional information, fraud can certainly give rise to allowing someone to pierce the corporate veil, though the requirements can be very subjective.

David Scott Olshansky

It seems as though you are frustrated with your current attorneys. Have a meeting with them, sit down and discuss your issues. At the end of the meeting if you aren't satisfied, retain new counsel. However, it is not wise to contact the State Attorney, that should only be done through your attorney.

Joshua Sachs

Are you asking whether you should contact State's Attorney Alvarez directly without going through your attorney? If I were your lawyer and you pulled that on me I would be in front of the judge first thing the next morning to withdraw from your case; and I have done it, too.

Michael R Crosner

Two attorneys & you still are asking these questions? DO NOT discuss your case with anyone except your attorneys - that would be a very large mistake.