why would a lawyer keep pushing for continuance

Lawyers typically seek continuances because they want more time to prepare for trial. Common reasons for continuances include the following. Both the prosecution and the defense are entitled to a reasonable time to prepare for trial.

Full Answer

Why would a lawyer seek a continuance?

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.

What is a continuance in a criminal case?

Reasons for a Continuance Lawyers typically seek continuances because they want more time to prepare for trial. Common reasons for continuances include the following. Insufficient Time to Prepare in General Both the prosecution and the defense are entitled to a reasonable time to prepare for trial.

Why would a court-appointed Attorney request a continuation?

Oct 13, 2014 · I hired a attorney for criminal. Every time we have been in court he asked for continuance without letting me know. It has been 4 1/2 months and every time I have a meeting with him he tells me "oh sorry, I havent looked over your case", I do not know if this is why he keeps asking for a continuance.

When does a court deny a continuance request?

Jul 21, 2016 ·

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 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.

How 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: 1 review the evidence 2 investigate the facts 3 consult with witnesses 4 negotiate a plea agreement (if one is possible), and, 5 in the case of the defense, hold lawyer-client meetings.

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 the 6th amendment?

The Sixth Amendment guarantees criminal defendants the right to counsel, but that right has limitations. Defendants have the right to counsel of their choosing —within reason. When a defendant wants to change their defense attorney for another, the court must consider several factors before granting a continuance to allow the new lawyer to prepare. A judge may not arbitrarily insist that the case move forward when it's clear that a continuance is needed for a new lawyer .

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.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

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?

Why would a defendant ask for a continuance?

A judge even may grant a continuance during a trial if a witness for the prosecution provides unexpected testimony that the defendant could not have anticipated. If the defense can gather contradictory evidence within a reasonable time, the judge likely will provide an opportunity to do so.

Why do judges set bail for certain defendants?

A judge is guided in setting bail by considering the public’s safety if an individual is released on bail. The suspicion of this is most commonly aroused when a defendant posts the full amount of bail in cash. If one fails to appear in court, the court will issue a bench warrant for one’s arrest (Penal Code § 1305).

How many times can a defendant postpone a trial?

A case can be continued more than once. Usually a judge will allow the defense attorney and the prosecution attorney to have one continuance each. An additional continuance may be needed if someone is sick or the trial docket is too full or there is some other reason the trial can not go forward.

Why do judges push court dates back?

It could mean that a key witness is sick or unavailable. It could mean that the prosecutor on the case has some other big cases or a vacation scheduled and so needs to push your case back. It could mean that a judge who for some reason wants to handle this case has a scheduling conflict.

Why does it take so long to go to court?

Motions involving discovery, evidentiary and legal issues also must be set according to the court’s busy schedule thereby adding to the delays of litigation. The more complicated cases take longer to prepare for trial. The number of parties and issues involved also affect the length of litigation.

What happens when a case is continued?

When any court date civil or criminal is continued that means it is moved from its present date to a future date.

What is a good excuse to reschedule a court date?

A valid emergency can serve as an excuse for missing a court date. Some examples of legitimate emergencies include: An emergency room visit for a sudden, debilitating medical condition. A sick child.

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 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).

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 ...

Wade Paul Luther

Unless the Judge has a conflict, most trials are not continued without one party filing a motion and requesting the continuance. There is typically a hearing on the motion. You should appear and object to any other continuances. Be ready to explain to the judge why it negatively impacts you to have another continuance...

Michael D. Fluke

There are limits. Most judges would prefer to have the case off their docket. On your next court date, you might consider objecting to any continuance and, if the case is not set for trial, insisting that the judge set the case for trial.