San Diego Criminal Defense Attorney--20 years experience Every jurisdiction has statutory time guidelines that are the default positions. These are a Defendant's speedy trial rights. Please enable Cookies and reload the page. In most states the statute that makes the action a criminal offense also establishes the maximum sentence that can be given for a conviction—for example, in the state of Georgia, the maximum fine for possession of up to 1 ounce of marijuana (a misdemeanor) is $1,000 and/or up to 12 months in jail. If you cancel or reschedule your exam within 5 business days of your registered exam time, a fee will be applied. San Mateo Law Library: How to Reschedule a Hearing or Trial: Motion to Continue, Cornell Legal Information Institute: Sixth Amendment, Nolo: Delaying or Getting a Continuance in a Criminal Case. Although there are many acceptable reasons for a civil court continuance and acceptable reasons for criminal court continuances, the court may deny a Motion to Continue if it determines the reason cited to be invalid. California law states that an individual facing a felony charge must be tried within 60 days of his arraignment unless his attorney can provide a good reason to delay the trial. Login with your user credentials (user id and password). Read More: How to Write a Request for Continuance. Typically, the court approves motions that cite valid reasons for pursuing continuance. This is done by filing a Motion to Continue with the court. The couple may take longer and may even request one or more continuances to ensure that they both have ample time to gather their financial documents, undergo a child custody evaluation, have their home and other assets appraised, and work with their individual lawyers to reach a divorce settlement that satisfies both parties. Only book the appointment for the date you are comfortable with and you have your all the documents with you. Common lengths of time for case continuances are six to eight months, but it may take longer or shorter, depending on the case. The venue needs to be changed, because for some reason, it is not possible for the trial to be carried out fairly in its original jurisdiction. When the court receives a Motion to Continue, it must consider many factors about the case when determining whether the motion cites one or more acceptable reasons for a civil court continuance – or a criminal continuance. A critical step, such as serving the defendant with a summons, was missed. Continuances are normal. Sure, of course we can reschedule for the seventh time. However, there are many poor reasons an individual might cite for requesting a continuance, such as: When gauging whether it is facing acceptable reasons for a civil court continuance or trial delay tactics, the court must consider all the specific facts presented in the Motion to Continue. For many certification exams, test takers are permitted to test as many times as they wish, though some time there is a mandatory waiting period. A case may be postponed as many times as the court deems it to be necessary. Your daughter should ask the prosecuting attorney what's going on. The individual is purposely making an effort to delay the case. In a criminal case, a changed indictment often results in a continuance to grant the defendant sufficient time to prepare. There is no specific length of time a continuance must be. You can reschedule two times in the span of 12 months. Click on ‘Existing User?’ 3. There are numerous reasons why an individual may need to request a continuance. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Generally, courts are more reluctant to grant continuances in criminal cases than in civil cases because the Sixth Amendment to the United States Constitution grants individuals facing criminal charges the right to a speedy trial.

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