what can lawyer ask if case keep getting continued

Can a lawyer get a continuance to prepare a 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 do attorneys sign off on case continuances?

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.

Why would a court-appointed Attorney request a continuation?

Benefits of a Motion for Continuance. 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 ...

Why do judges give continuances to defense attorneys?

Aug 21, 2015 · The Courtroom Clerk will then give you a new court date. (typically 30-60 days depending on the Court). There are many reasons for setting it over by your DUI attorney. Including interviewing lay witnesses, interviewing officers or troopers, visiting the scene of the DUI arrest and/or field sobriety tests, reviewing the breath test or blood ...

Why do attorneys request continuances?

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.

When do courts grant continuance?

It's usually only when the defendant's rights might otherwise be violated that a court will grant a continuance request. Absent a law or constitutional right to the contrary, judges have broad discretion to determine whether to issue a continuance.

Why is a continuance warranted?

However, a continuance due to a change in a charging document is warranted only if the change (known as "variance") compromises the defendant's case.

What is new evidence?

the new evidence is reasonably related to evidence the defendant already knows about. the defendant has enough time without the continuance to prepare for the new evidence. the defendant wasn't diligent in anticipating the evidence (for example, defense counsel failed to read forensic reports turned over by the prosecution ...

What is a continuance in a trial?

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 is the most important consideration for a judge?

Perhaps the most important consideration for a judge is whether the party requesting the continuance has been diligent —in other words, whether the party put in sufficient effort. Parties must be active in reviewing evidence, interviewing witnesses, issuing subpoenas, and testing forensic evidence.

What is a reasonable time to prepare for trial?

Both the prosecution and the defense are entitled to a reasonable time to prepare for trial. Exactly what constitutes a reasonable time is open to interpretation, and depends on the circumstances and complexity of a particular case. In general, each side must be given sufficient time to: review the evidence.

What to do if you are contemplating hiring a lawyer?

A defendant contemplating hiring a lawyer at the beginning of their case should appear at their arraignment and ask the judge for a continuance to find an attorney. Sometimes, a defendant can contact the arraignment court clerk before the arraignment and ask for an informal continuance.

Why do you need a continuance in a civil case?

The defense also may seek a continuance if it is unable to locate a witness who was expected to testify on the defendant’s behalf. A judge may be reluctant to grant a continuance if the defense still has sufficient time to prepare, or if the evidence is related to evidence that had been disclosed to the defense.

What is the determination of continuance?

A determination on a continuance usually comes down to whether the party seeking the continuance has acted with proper diligence in preparing their case. If a defendant decides to hire a lawyer or change their lawyer, for example, they should do this promptly. The party seeking the continuance needs to have made reasonable efforts to move ...

Why is a continuance not warranted?

If the prosecution makes meaningful changes to the facts contained in the indictment, the defense may be justified in seeking a continuance so that they can prepare for the changed facts. If the change is relatively minor and not relevant to the merits of the case , however, a continuance probably is not warranted.

What does a party seeking continuance need to have made?

The party seeking the continuance needs to have made reasonable efforts to move the case forward, although they do not need to have done everything possible to develop the case to get a continuance.

Why do defense attorneys move so quickly?

Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.

Can a defense be denied a continuance?

If the defense appears to be seeking a continuance simply as a delay tactic, and no unexpected event has occurred, the judge will deny the continuance. The prosecution may have some limits on whether they can request ...

What to do if you object to a continuance?

If you strongly object to the continuance and have unique reasons for objecting (i.e., the school example above or you allege a continuance would endanger your children for a specific reason), you can file a written Objection to the Motion to Continue, and file it with the court.

What is a continuance in divorce?

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 more time to develop your strategy and testimony.

Can a continuance damage your case?

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. For instance, if you are requesting a hearing on which school your child will attend in the fall, you don’t want to risk your hearing taking ...

Can you control the court on a motion to continue?

While you cannot always control how the court will rule on a Motion to Continue, the above information outlines your options for letting the court know your feelings on the Motion, and also provides you with information on making the best of a continuance if it is granted. To arrange an initial consultation to discuss divorce rights ...

Can a court hearing be pushed to a later date?

This will usually result in a later hearing date than the one presently reserved, as the court’s calendar continues to fill up after your hearing was scheduled. While having your hearing pushed to a later date can be frustrating, it could actually benefit your case in some circumstances.

Can you request a continuance hearing after school starts?

For instance, if you are requesting a hearing on which school your child will attend in the fall, you don’t want to risk your hearing taking place after the school year starts if you can avoid it. Some states’ courts require the party requesting the continuance to check if the other party objects to rescheduling the hearing.

Why is it important to prepare for court cases?

The time that individuals engaged in court cases have to prepare their cases and negotiate deals and settlements is crucial to the court’s ability to reach a just outcome , which is why nearly all legal processes in the United States are governed by specific deadlines.

Why are courts reluctant to grant continuances in criminal cases?

Generally, courts are more reluctant to grant continuances in criminal cases than in civil cases because the Sixth Amendment to the United States Constitution grants individuals facing criminal charges the right to a speedy trial. In a civil case, there is no similar right, as the outcome of a civil case is typically compensation for the injured party, rather than justice for a victim or an accused defendant.

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 happens if you don't agree to a new date in a divorce?

If both parties do not agree to the new court date proposed in the Motion to Continue, the court may hear the motion during the motion hearing, then rule on whether to grant the continuance. If the continuance is granted, the court issues a new date.

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.

Why is a case postponed?

This could be because a judge or prosecutor is ill, because the evidence provided has been found to be false, or because one or more proper court procedures, such as filing case-related documents by their deadline, have not occurred. A case may be postponed as many times as the court deems it to be necessary.

Jennifer L. Ellis

You should ask your lawyer why he asks for continuances. You can explain to your lawyer that you want to go forward, but you should really have a conversation with him and listen to what he has to say. I understand you want your case over with, but frequently continuances are a good thing...

Matthew Scott Berkus

The decision to continue your case is not really up to you. The rules give your attorney fairly wide latitude in handling a case. And what the client wants isn't always required. The attorney gets to dictate tactics, you don't.

Anthony Bettencourt Cameron

Every night before I retire each night, I pray "God, deliver me from Criminal Defendants who want immediate closure!"

Christine C McCall

In almost every case, continuances benefit the defendant and burden the prosecutor. Your lawyer knows this; so does the prosecutor. Why do you want to second-guess your lawyer? Who has the better state of information and knowledge?

3 attorney answers

You need to have this conversation with you lawyer. If you have lost confidence then talk to the attorney. There may well be good reasons for the continuances. As for the possible sentences, again discuss this with your attorney.

Ernest Clarke Dummit

Many times lawyers will continue cases for a number of good reasons. However, you should be advised why a case is being continued so you can understand the strategy being implemented by your attorney. Sounds like you two need to sit down together and talk. Good luck. More

Ethan Patrick Meaney

I agree with Mr. Dummit. I would just add that it is likely your lawyer has a good reason for the continuances as it is not that easy to continue a DWI eight times. Also, I don't know how you've tried to go about getting the information from your lawyer, but whatever you've been doing is not working, so try something different.

Continuances Based on Inadequate Time

Continuances Based on Changing The Indictment Or Attorney

• The indictment is the legal document that contains the information about the defendant’s charge. If the prosecution makes meaningful changes to the facts contained in the indictment, the defense may be justified in seeking a continuance so that they can prepare for the changed facts. If the change is relatively minor and not relevant to the merits ...

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Continuances Based on Surprises