A judge has the right to grant or deny any request for a continuance if either the defense or the plaintiff wants more time to prepare. Generally, judges in California do not like delaying cases without good reason but there are situations in which a continuance makes sense and a judge will issue one. Learn more and then contact Law Office of Michael L. Fell at (949) 585-9055 if you do not already have a criminal defense attorney working for you.

Request a Continuance as Soon as You Know You Might Need It

If a continuance makes sense, then you must submit it to the court well in advance of the scheduled hearing. This allows the judge to more easily accommodate the request because they can reschedule other cases around yours. If you request a continuance the same day of your hearing, or even a week before, you are unlikely to have it granted unless it is a true emergency.

Diligence Can Affect the Outcome of a Request for Continuance

One of the most important factors a judge will consider when deciding on a request for continuance is diligence. The judge will want to find out if the defendant and their attorney have done what they can to get the case ready. If the judge feels that they have, but more time is needed, then they are more likely to grant the request.

Judges will consider diligence actions such as issuing subpoenas, reviewing evidence, testing forensic evidence, and interviewing witnesses. If the defendant does not hire an attorney, the judge will not look favorably on this.

Examples of Reasons a Judge Might Approve Changing a Court Hearing Date

A judge will take other factors into consideration when deciding if they should approve your request to change a court hearing. They will look at whether or not both parties have had enough time to investigate, gather facts, negotiate a plea agreement, and other necessary tasks. If a defense attorney is not permitted to see their client on a regular basis, then they might not be able to represent their client well.

If a defendant has decided to change their attorney and hire a new one, the judge might grant a continuance so that counsel has time to prepare. Surprise witnesses or new evidence might give the judge reason to give the attorneys more time to prepare, just as a witness who is unexpectedly absent might grant the attorneys more time.

These are just a few reasons that a continuance might be granted. The question of course is this: is it even a good idea to have your case continued? That depends on a variety of factors. If you need legal help to determine your best way forward from criminal charges, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.