Penal Code 1050 allows individuals to file a motion for continuance in California. A motion of continuance, in basic terms, asks the court to reschedule a part of a criminal case to a later date.
The Simmrin Law Group can help you learn more about what you need to do to file a motion for continuance. Just call us at (310) 997-4688 for assistance.
Basic Information Concerning Motions for Continuance
A motion for a continuance is a legal way of asking the court to reschedule a portion of your case. An individual can make this motion to reschedule their hearing or criminal trial. However, these motions are not automatically granted in California.
A judge decides whether or not to grant a PC 1050 motion. Note that judges only grant these motions if the party making the motion shows they have “good cause” to do so. Additionally, when filing a PC 1050 motion, individuals must also notify the other party that they will be filing this motion. Either the prosecution or the defense can file a PC 1050 motion.
Good Cause for a Motion for Continuance in California
The court will not automatically approve a motion for continuance. Instead, the party requesting the delay has to show that they have a “good cause” for filing the motion. A delay is often up to the discretion of the judge. For instance, the judge may approve a delay if:
- They require more time to prepare for a trial
- The defendant became ill and cannot proceed as planned
- A conflict arose for the defense or the prosecution that stands in the way of their ability to proceed on time
- A witness could not attend the previously scheduled court date
When assessing whether the party filing the motion has “good cause,” the judge can also consider how the new date will impact the others involved in the case. For example, say a witness cannot attend the scheduled court date because they have a prior engagement. In this situation, the judge may agree to postpone the hearing or trial to a new date.
The Simmrin Law Group is here to review the specifics of your situation if you want to file a motion for continuance. We can help you determine whether you have good cause to move your court date to a new date in the future. Just call us at (310) 997-4688.
Time Limits in Which to File a Motion of Continuance
You may be wondering how long a continuance lasts once the court grants you a new date. The answer is that there is no set period of time for judges to follow when scheduling a new court date. Instead, they can extend the date for the amount of time they feel is “necessary” to give you more time to prepare your case.
In some cases, the wait time before a new date may be very short. For example, say that your court date is delayed due to an illness. In this case, a judge could schedule a new day for later that same week, giving the individual enough time to recover.
A criminal defense lawyer in Los Angeles can help you learn more about filing a motion for continuance.
Motions for Continuance and Your Right to a Speedy Trial
All U.S. citizens have the right to receive a speedy trial, per the U.S. Constitution. Prosecutors are allowed to file a motion for continuance. However, they are not allowed to unduly delay a criminal trial, as this translates to mean that the accused will not receive a speedy trial.
Delaying a case for too long can work in the defense’s favor in that your lawyer may be able to get the charges against you thrown out. In fact, we can help you get your charges thrown out if the prosecution repeatedly delays your trial.
We are also ready to help you prepare in the event your case does go to trial. Members of our team will defend you in court and will work to resolve your criminal charges quickly. We know how to deal with prosecutors in Los Angeles and can work to get your charges reduced or even dismissed.
Ask a Lawyer About Penal Code 1050 and How to File a Motion for Continuance Today
Penal Code 1050 allows you to file a motion for continuance to change your court date in California. Reach out to the Simmrin Law Group if you need to change your court date. Find out more by calling (310) 997-4688 for a free consultation. You can also complete our online contact form.