Question: What Constitutes Good Cause For Continuance?

What are good reasons for a continuance?

Reasons you may want to ask for a continuance include:You did not get enough notice of the hearing.

You need more time to hire a lawyer or apply for legal aid.

You need more time to get ready to represent yourself at a hearing.You need more time to get important evidence or subpoena an important witness..

How do you write a continuance?

File a declaration with the court asking for a continuance. It should say why you need the continuance. Explain how you can better present evidence in your case if you have more time. Explain some of what you want to tell the court, in case you do not get a continuance.

Why would a defendant ask for a continuance?

If the defendant has been deceived by the state in a criminal action, a continuance can be granted. A continuance can be granted if there is an amendment to the indictment or introduction of new information in the criminal complaint. A continuance may be granted because there has been unexpected evidence or testimony.

How many times can I ask for a continuance?

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.

How do I file a motion to continue?

If you want to change a court date such as the date of your trial, you must have the judge’s permission. You ask a judge to do something by filing a motion – in this case, a motion to continue or motion for a continuance. If the judge grants your motion, your court date will be postponed to a later time.

Why do lawyers delay cases?

Delay gives the accused the opportunity to demonstrate that he has changed his evil ways and has rehabilitated himself, which is to his benefit at sentencing. Then there is the simple fact that if given a choice between going to jail today or next month, almost every criminal will choose next month.

Can you get a continuance for probation violation?

A: You can request an continuance, but the request is wholly contingent on the judge’s discretion. As a general rule, if the inability to find counsel is the result of matters outside of your control, the judge is more likely to grant a continuance.

How do you oppose a motion for continuance?

Call the court where your case is scheduled to be heard to inquire what their procedures are for requesting a continuance. Most courts require at least 10 days’ notice and a formal request in writing, though some may allow you to make an oral request. Contact the opposing party to ask them to agree to the continuance.

What is a continuance in a divorce?

When you ask the court to reschedule a previously-calendared hearing in your divorce, and a judge allows it, that’s called a continuance.

What is a motion 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.

Can I file a continuance without a lawyer?

Yes. You must show up in Court and ask the judge for a continuance based on the fact you are seeking out legal representation. Depending on the Judge and County you are likely to get at least one continuance to seek out counsel.

How long can a felony case be continued?

Typically, the statute of limitations is three years for a felony. This time can be longer for sex, fraud, and murder cases. Usually, the statute of limitations for a misdemeanor is one year. For murder, there is no time limit.

Yes. Certain ex parte communications to a judge or court personnel are allowed by law. For example, if you are contesting a citation (commonly called a “ticket”) for a traffic infraction, the law allows you to submit a written explanation directly to the court.

Is a probation violation a felony?

A judge can impose misdemeanor probation for a misdemeanor offense. This is awarded in lieu of a jail sentence. The term for this type of probation may last up to five years. A judge can impose felony probation for felony offenses.

What happens when a motion is filed?

When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion. You must then “serve” (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case.

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.

Can you ask for a continuance at a preliminary hearing?

Similarly, defendants who are without counsel but facing a preliminary hearing are often given a continuance to hire a lawyer (a preliminary hearing is a “mini trial,” in which the prosecutor presents enough evidence to convince the judge that “there’s a case here,” and that the matter should be set for trial).

How many times can you continue a case?

There is no limit on the number a times a case can be continued. There is an urban legend that each side gets three continuances, but that is just not the case. The real question is whether the prosecution has met their obligations under Rule 600, which is Pennsylvania’s speedy trial rule.

How do you beat a probation violation?

In order to beat a probation violation allegation, you should hire an experienced criminal defense attorney to represent you at your probation violation hearing. At your hearing, your criminal defense lawyer can present evidence that shows you did not violate your probation or that you did not intentionally do so.

Will you go to jail for first probation violation?

A first-time violation of probation in California can result in serious consequences, including possibly jail time. Depending on your situation, you could be ordered to go through treatment for substance abuse. Some courts require counseling for issues such as anger management. … Pay your court feels.