What does continuance mean in court? Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.
Judges do not always grant a continuance, as it affects the trial process. In a perfect scenario, courts want to give a speedy trial to the parties involved. So, your criminal defense lawyer must provide sufficient evidence to convince the judge that granting a continuance is in the best interest of justice for all the parties involved.
Call Keller Criminal Defense Attorneys at (952) 913-1421 to request a free consultation with one of our experienced defense attorneys if you or a loved one is facing a criminal charge.
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What Is a Continuance in Court?
A continuance in court is when a prosecutor or a defense attorney requests the court to delay proceedings. A continuance motion happens in front of a judge, who determines whether there is cause for delaying the proceeding. A continuance can be filed before arraignment, trial, or sentencing.
Reasons for Requesting Continuance in Minnesota
A continuance may be requested for the following reasons:
Insufficient Time to Prepare
Sometimes, lawyers get little time to go over case documents and prepare suitable defenses. The defense and prosecution both need time to prepare for the proceedings. Your criminal defense lawyer may need additional time to:
- Investigate the case
- Interview eyewitnesses
- Consult with an expert witness
- Review the evidence
- Explain to you how plea bargains work and negotiate with the prosecution
Your attorney should get ample time to prepare. When denied enough time to prep for trial, the attorney may be ineffective in representing you. That denies you the right to effective legal representation as the Sixth Amendment requires.
The judge may, however, deny a continuance if the judge determines that your lawyer had enough time to prepare and there were no surprise events. The judge can also deny the request if either the attorney from the prosecution or the defense causes the need for more time through negligence.
Changes to the Indictment or Information
Some cases will require updates to the indictment or information. Your lawyer will require more time to understand the changes and prepare adequately.
Changes to the alleged date of crime, for instance, will require additional time for the defense to build up an alibi for the said date. A judge may not grant a continuance due to date change if the variance does not compromise your defense.
Replacing Legal Counsel
You have a right to a legal counsel during a criminal trial. The Sixth Amendment allows you to change counsel if you feel you are not getting proper representation. The court will grant you a continuance to allow the new lawyer to get ready for trial.
The judge may, however, deny your request if you take too long to get a new legal counsel or have an attorney ready to continue with the case. The judge may also decline to grant your request if you do not explain why you need a new attorney, or if a continuance would not help the new attorney prepare for the trial.
Surprise Witness or Evidence
New information about the case, including new evidence or a witness supporting the prosecution, may be sufficient grounds for a continuance motion. Your lawyer will need time to study the new evidence. A new witness that your lawyer knew nothing about can weaken your case. So, your lawyer may need to depose the new witness.
Your lawyer may ask for a continuance if a key witness fails to show up in court. The lawyer can use that time to find another witness or convince the witness to testify.
Surprise Testimony
An unexpected testimony from a witness can be grounds to seek a continuance. If a witness shares new information during interrogation that the witness did not initially share with the police, your defense lawyer can ask for a continuance to rebuild your case.
Your attorney can help you present new testimony or evidence that contradicts the surprise testimony within a reasonable time. If your negligence contributed to the surprise testimony, the judge can deny you a continuance. Don’t panic, though. Your attorney will advise you on the best way to address the situation.
Illness or Accident
A defendant’s or counsel’s illness or accident is a good cause for continuance. The court will agree to a continuance, though it may ask for proof. The reason does not apply to the prosecution. The prosecutors must find a replacement in their office. If a judge falls ill, the rules demand that another judge gets assigned the case.
Your Lawyer Has Other Commitments
Your defense lawyer may have many competing commitments. Defense attorneys have endless cases at the same time. Overlapping courtroom commitments may pose a challenge, as your attorney must be present at your trial. A judge can permit a continuance to allow your lawyer to put things in order. That is why it is essential to know where to find a 24-hr lawyer who will have time for your case to avoid unnecessary delays.
Unintentional Loss of or Damage to Essential Documents
Your attorney may request a continuance if crucial documents for your case get damaged or lost accidentally. The judge may approve the request to give your attorney more time to recover or replace those documents.
What Are the Implications of Continuance in Your Criminal Case?
A continuance may have several implications for your case.
Emotional and Financial Strain
Legal matters can cause severe emotional strain. Sexual crime charges can affect your ability to integrate into the society like before. That could lead to a loss of income. In addition, you have to pay your legal team. Cases that take too long to resolve cost the involved parties a lot of money. A pending legal matter can increase your anxiety and stress levels.
Deterioration of Evidence and Testimonies
After a long time waiting for a case, the state of evidence may radically change. Physical evidence can degrade, and memory may fade, weakening the case. The gap introduced by continuance can impact the evidential foundation of legal proceedings.
Procedural Complexity
A continuance increases the amount of paperwork for a case. The case may become cumbersome as it opens room for more motion re-arguments and strategic re-planning. The process is time-consuming and requires more resources from you.
Logistical and Scheduling Disruptions
There were 1,301 sex crime cases in the district court in Minnesota in 2023. Considering the courts handle other criminal law cases, delays can affect and disrupt service delivery in the justice system. Everyone involved in the case will suffer due to disruptions to their schedules.
The judiciary staff, you, your lawyer, the prosecution team, and witnesses will have a pending matter to resolve. A rescheduling requires adjustments to private and professional plans for everyone involved. The inconvenience goes beyond a mere continuance, as it affects every aspect of the lives of all involved parties.
It May Affect Public Perception
Continuance affects how long a criminal case takes. Court cases that drag on for a long time affect the public’s view of the judicial processes. Delayed justice often feels like denied justice. The public may have no confidence in the system’s fairness and efficiency. Taking too long shows the court’s inability to deliver timely and equitable outcomes. This may affect the collective view of the legal framework.
How Long Is a Continuance?
A continuance can last as long as required to sort out the issue. Some lawyers may request several months to prepare for trial. A judge will allow a short time if the grounds for continuance were an illness. The court usually determines the appropriate time required to prepare for trial.
Your criminal defense lawyer can advise you whether you need more time or to proceed with the case. Depending on the available evidence, your lawyer will know the best steps to get you justice. The lawyer understands the law and can answer any questions you may have, including whether you will have a criminal record if charges are dismissed.
A criminal defense lawyer at Keller Criminal Defense Attorneys will work tirelessly to secure a desirable outcome from your criminal case. Contact us today for a free case review.
