Why does a case get continued

When this happens, continuances are proper if the defense can show that the defendant: didn't anticipate and can't be expected to have anticipated the testimony wants to present testimony or evidence to counter the surprise testimony, and can present that contradictory evidence in a reasonable period of time.

How Courts View Continuance Requests Because continuances delay the resolution of a case, judges typically frown upon them. Diligence Perhaps the most important consideration for a judge is whether the party requesting the continuance has been diligent—in other words, whether the party put in sufficient effort.

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Should I just plead guilty and avoid a trial? Is the public defender a real lawyer? Can I change defense lawyers after I've hired one? How long after arrest do I find out what the charges are? L aw H elp. Hide Visit. Text size: A A A. Search for resources and organizations in this language Advanced Search. General: Requesting a Continuance Authored By: Legal Aid of North Carolina Quick Facts When a party to a lawsuit needs to postpone a matter that has a legal deadline or that has been calendared for a hearing or trial, the proper procedure is to apply to the court for a continuance postponement to a later date.

Remove your location - OR -. View all. Site Tools Accessibility Disclaimer Privacy. Our Sponsors. They may go to trial, plead guilty without a finding, seek pretrial probation, or seek pretrial diversion or another outcome, depending on facts of the case.

If you are evaluating your options going forward in a criminal case against you, we can help you weigh your best options. This is when the defendant acknowledges guilt for pleading purposes, but the court does not enter a guilty finding. Instead, it continues the case which will be dismissed upon completion of certain conditions. These conditions may include a probationary term often lasting six months to a year. CWOF is common for less serious offences, when there is a presence of mitigating circumstances, and when dealing with a defendant with few prior offenses.

The court does not need the permission of the prosecution to issue this finding. Under the new Massachusetts record sealing law , your attorney can now file a motion to seal your record for any CWOF, so long as the period of probation has ended, the case has been dismissed, and you have not had any subsequent criminal convictions. Contact my office if you've been charged with a Massachusetts Criminal Offense, or would like to further discuss the consequences of a CWOF.

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