What is California Penal Code Section 1050: Motion to Continue a Criminal Case, and how do I use it? Facing a criminal proceeding in California can be a stressful and confusing experience. The legal system can feel overwhelming, filled with unfamiliar terms and complicated procedures. But take a deep breath—you don’t have to go through this alone.
This guide is designed to help you understand a key concept in California criminal defense: the motion for continuance, also known as a continuance request. Imagine you have an upcoming court date for a criminal matter. Maybe you just hired a Los Angeles criminal defense lawyer from Simmrin Law Group who needs more time to prepare your defense, or a key witness is out of town and unavailable to testify. A continuance motion could be the solution!
Definition of a Motion for Continuance in Criminal Cases
Have you ever felt stuck in a courtroom shuffle, worried you’re not quite ready for your criminal hearing? A motion for continuance can be your “pause button.” It’s a formal request made to the judge by your attorney to postpone a scheduled court proceeding. This could be a preliminary hearing, a trial date, or any other critical stage in your case. Think of it as asking for a strategic “hold on” to give you and your defense team more time to prepare for the fight ahead.
There are many reasons why a continuance might be necessary. Maybe a crucial witness for your case is unexpectedly out of town on the court date or unable to testify due to sudden illness. A continuance allows the court to reschedule the hearing, ensuring all essential witnesses have the chance to be heard.
It can also give your attorney time to track down missing evidence, like police reports or witness statements, that haven’t been turned over yet. These missing pieces can be vital for building a strong defense in your case.
For a free legal consultation with a motion to continue a criminal case lawyer serving California, call (310) 896-2723
Purpose of Seeking a Continuance in a Criminal Case
The California court system prioritizes a speedy trial for criminal defendants—after all, no one wants to wait in limbo facing charges. But there are situations where stopping the legal process can be strategically beneficial for your defense. A continuance motion can be your ally in these circumstances.
Let’s explore some common reasons why you or your criminal defense attorney might request a continuance:
Need for More Time to Prepare
Did you just hire a top-notch attorney? They might need some extra time to get up to speed on the details of your case. Evidence review, legal research, and developing a strategic defense plan all take time. A continuance ensures your attorney has everything they need to fight for you in court.
Witness Wrangling
Sometimes life throws curveballs. Maybe your star witness for the defense booked a long-awaited vacation that coincides with your court date or fell ill and can’t testify. A continuance allows the court to reschedule the hearing, giving your witness time to be present and share their testimony.
Missing Pieces of the Puzzle
The legal system involves a lot of paperwork and evidence exchange. What if key documents in your case, like police reports or witness statements, haven’t been turned over yet? A continuance gives your attorney time to track down this missing evidence, ensuring all the pieces of the puzzle are available to build a strong defense.
Securing a Fair Trial
Ultimately, the goal is a fair and just outcome in your case. If unforeseen circumstances prevent a proper hearing, a continuance can ensure all parties involved have the necessary time and resources to prepare for a successful trial.
California Motion to Continue a Criminal Case Lawyer Near Me (310) 896-2723
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 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 Los Angeles federal crimes lawyer can help you learn more about filing a motion for continuance.
Lawyers prepare a petition for a motion of continuance. Simmrin Law Group can help you prove good cause for a motion if you need to delay your court date.
Click to contact our Understanding California’s Penal Code today
Motions for Continuance and Your Right to a Speedy Trial
The U.S. Constitution guarantees the right to a speedy trial for all citizens. Prosecutors may file a motion for continuance, but they may not unduly delay a criminal trial, which would result in the accused not receiving a speedy trial.
Delaying a case for too long can work in the defense’s favor. 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 goes to trial. Members of our team will defend you in court and work to resolve your criminal charges quickly. We know how to deal with state prosecutors and can work to get your charges reduced or even dismissed.
Lawyers prepare a petition for a motion of continuance. Simmrin Law Group can help you prove good cause for a motion if you need to delay your court date.
Complete a Free Case Evaluation form now
How to Request a Continuance
Your options for requesting a continuance will vary depending on where you’re at in your trial. If you have at least ten days before your trial is set to begin, you can either submit a Form SC-150 or write a letter to your local court. This process requires you to pay a $10 filing fee. Be sure to mail either your form or your letter to the other individuals participating in your case.
If you have fewer than ten days to reschedule your trial, take either a Form SC-150 or a letter to your county clerk’s office. You may then request a continuance at your trial’s preliminary hearing. You need to provide a good reason for both requesting the continuance and filing your paperwork later than you should. Prepare to pay your fee and mail your request to other involved parties.
Regardless of the court’s decision, after you file your request, you’ll receive a notice from your local county clerk in the mail. This document, Form SC-152, will let you know how a court has chosen to proceed.
Reacting to a Rejected Request for a Continuance
There are circumstances in which a judge may reject your request for a continuance. All judicial figures must consider these requests through the lens of diligence. So long as your constitutional rights are not in jeopardy, judges may reject your request for a continuance by stating you’ve not worked within reason to manage your case’s concerns.
You have the right to appeal a rejected request for a continuance. Code of Civil Procedure §437c(h) notes that continuances are to be granted generously, albeit within the letter of the law. Judicial representatives may not deny a request for a continuance out of annoyance or spite. Rather, all figures must present “good reason” to reject the defendant’s motion.
That said, be prepared to submit evidence of due diligence when submitting a request for a continuance. While this evidence is not mandatory, including it alongside your request can help prevent the delays brought about by a rejection and an appeal.
California Penal Code Section 1050: Motion to Continue a Criminal Case FAQ
Who Can Request a Continuance?
Both sides of the courtroom have a say! Both the defense attorney and the district attorney (representing the prosecution) can file a motion to continue the court proceedings.
Is a Continuance Guaranteed?
Not necessarily. The judge will carefully consider the reasons behind the request, how much of a delay is needed, and if it would unfairly tip the scales in favor of either the prosecution or the defense.
Does California Penal Code Section 1050: Motion to Continue a Criminal Case Work for Drug Trafficking Cases?
Yes, California Penal Code Section 1050: Motion to Continue a Criminal Case applies to drug trafficking cases just like any other criminal case in California. The law itself doesn’t differentiate between the type of crime being charged.
Is There a Deadline for Filing for a Continuation?
There isn’t a strict deadline written in stone, but generally, the sooner, the better. Giving the court ample notice allows for a smoother rescheduling process, especially for situations like witness availability.
What Else Can a Criminal Lawyer Do for My Case?
A Los Angeles sex crimes lawyer can defend you from a harassment lawsuit, while a drug crimes lawyer in L.A. can defend you or a loved one if they were accused of illegal possession. Our California team also has a Los Angeles violent crimes attorney to defend you from assault accusations.
Talk to a Criminal Defense Lawyer in California at No Cost
Navigating the legal system during a criminal case can feel like walking a tightrope. Unfamiliar legal terms, complex procedures, and the weight of the situation can all be overwhelming. But you don’t have to go through this alone. At Simmrin Law Group, we understand the importance of a strong defense strategy in California criminal cases.
Our team of experienced criminal defense lawyers can guide you through every step of the process, from understanding your charges to exploring legal options like filing a motion to continue under California Penal Code Section 1050. Contact us today for your free consultation and take control of your defense.
Call or text (310) 896-2723 or complete a Free Case Evaluation form