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A continuance is an extension of time. It is a delay in the legal process which can be requested by either party or which can be ordered by the Court on it’s own initiative.
Sometimes a continuance is necessary because a party is not ready for trial. This can be for a variety of reasons, some above-water and legitimate (i.e. discovery is on-going, witnesses are unavailable, etc) or it can be a strategic decision (i.e. to throw a monkey wrench in the opposing party’s case), but in either event if it is a party asking for the delay then they should be (by rule anyhow) required to offer up “good cause” to the Court.
As a general matter most Judges will give either side at least one continuance without explanation, but this does not hold true with all judges and in all cases and where it does hold true then cause generally needs to get better than just “good” for subsequent requests.
The consequence of a continuance being attributed to the State is that (unless the Defendant has caused her / his own delay in the proceedings) the “Speedy Trial” clock continues to tick. Note that a “Court Continuance” has the same effect as a State charged continuance but where the Defendant is charged with a continuance (whether because they requested it or because the Court decided that it should be so) then the Defendant will have effectively waived her / his speedy trial right.
At Michael A. Haber, P.A. we go into most all case with the intent not to “blow speedies” and to hold the State’s proverbial feet to the fire, but the fact is that each case and each Defendant are unique so there is no generic formula.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
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