In the criminal justice system, timing is everything. Sometimes, you or your attorney may need more time to prepare for court, gather evidence, or consult a critical witness. That’s where a continuance comes in.
A continuance in Ohio is a request to delay court proceedings until later. Whether you’re facing serious charges or need more time to organize your defense, understanding when and how to ask for a continuance can be essential to achieving the best possible outcome in your case.
However, judges don’t grant them lightly, and it’s crucial to know when it’s appropriate to make the request as well as what’s required.
What Is a Continuance?
A continuance is when the court grants a request to delay a hearing, trial, or other legal proceedings until a later date. It can be requested by either the defense or prosecution and, in some cases, even by the judge.
However, unlike a postponement, which typically moves the case to a later date within the current court term, a continuance could extend proceedings well into the future.
Judges have broad discretion to grant or deny a continuance, but they don’t do so without good reason. Ohio courts prioritize efficiency and the right to a speedy trial, especially for criminal cases, which means delays are only approved when necessary.
When Should You Ask for a Continuance?
While continuances aren’t granted for just any reason, there are several legitimate situations when asking for more time is critical. Here are some common scenarios where a continuance might be appropriate:
A Continuance Based on New Evidence
If new evidence surfaces that could significantly affect your defense, you may need more time to review it, gather additional information, or consult experts.
Imagine you’re charged with theft, and your attorney discovers surveillance footage from a nearby store that contradicts the prosecution’s timeline. Your criminal defense lawyer may request a continuance to properly analyze the footage and identify any additional witnesses that could strengthen your defense.
Unavailable Witnesses
Sometimes, key witnesses are unavailable on the scheduled trial date. A continuance may give you the time needed to secure your testimony.
For example, consider you’re charged with a serious crime, but a critical expert witness is unexpectedly unavailable. If that expert’s testimony is essential to your defense, your attorney may request a continuance to ensure they can testify later. Without the expert, you might not have the necessary evidence to support your case.
Inadequate Preparation
Your lawyer might need more time to prepare your defense properly. This could be due to complex legal issues, multiple charges, or needing time to collect relevant documents and evidence.
Say you’re facing multiple fraud charges involving complex financial transactions. Your attorney may need more time to review the extensive documentation or hire a forensic accountant. A continuance could provide the necessary time to organize these details into a solid defense.
Health Issues
Whether it’s the defendant, a lawyer, or a key witness, illness or injury could require delaying the trial.
Suppose you’re scheduled for trial but suddenly become ill and require hospitalization for a severe medical condition. Your attorney would request a continuance to allow for your recovery, ensuring you can fully participate in your defense.
How to Request a Continuance
To request a continuance, your lawyer must typically file a motion with the court. The motion must explain why the delay is necessary and provide evidence to support the request, such as proof of new evidence or the unavailability of a witness. The court will review the motion and decide whether to grant or deny it.
Factors Considered When Granting or Denying a Continuance
Here’s what a court usually considers before granting a continuance:
- Reason for the Request: The request must be made in good faith and for a legitimate, significant reason, such as the need for more prep time or the absence of a key witness. Frivolous requests or attempts to delay the trial unnecessarily are unlikely to succeed.
- The Timing of the Request: Continuances should be requested as soon as the need becomes apparent. Last-minute requests may not be viewed as favorably unless there are extraordinary circumstances.
- The Other Side’s Response: The prosecution’s input matters. If they oppose the request, it may sway the judge’s decision.
- Impact on the Prosecution & Court: Judges must weigh how the delay will affect the overall schedule of the court and whether it will unfairly burden the prosecution or witnesses.
- Your Right to a Speedy Trial: Courts are required to protect the defendant’s constitutional right to a speedy trial, and judges won’t grant continuances that unnecessarily prolong a case without good cause.
When You Cannot Ask for a Continuance
Continuances aren’t always possible. Some reasons judges might deny a continuance include:
- Lack of Good Cause: If the reason for the request isn’t compelling or necessary, such as simply wanting to delay the inevitable, it will likely be denied.
- Repeated Requests: If you or your lawyer have already requested and received multiple continuances, further requests may be denied unless there are extraordinary circumstances.
- Proximity to Trial: Continuance requests made just before a trial date, without sufficient justification, are often denied.
Benefits of Requesting a Continuance
A continuance can provide many advantages if used appropriately:
- Time to Build a Strong Defense: More time can allow your lawyer to gather additional evidence, secure vital witnesses, or consult with experts that will strengthen your defense.
- Better Preparation: Rushing to trial with an unprepared defense could result in a poor outcome. Continuances can give your legal team the time they need to be fully ready.
- Negotiation Opportunities: Extra time may allow further negotiations with the prosecution, possibly leading to a more favorable plea deal. A continuance could give both sides time to reassess the strength of the case and explore alternatives to trial.
- Avoiding Rushed Decisions: When you or your attorney feel that the trial is moving too fast, a continuance allows time to evaluate all your legal options carefully and make informed decisions.
Why You Need an Experienced Defense Lawyer
Continuances may seem straightforward, but requesting one at the right time and for the right reasons requires knowledge of the legal system. A skilled attorney understands how to navigate the complexities of continuance requests and can argue persuasively to secure more time when needed.
An experienced lawyer will also recognize when a continuance could benefit your defense and, just as importantly, when it might not be in your best interest. Delays can sometimes prolong the stress of a criminal case, and in some instances, moving forward with the trial might be a better strategic choice.
Imagine facing felony charges, and new evidence comes to light a week before your trial. You might not know how to request a continuance properly without a lawyer. But, an experienced defense attorney can swiftly file a motion, present the new evidence to the court, and ensure that the extra time is used effectively. This could make the difference between a conviction and an acquittal.
Timing & the Right Attorney are Key
Understanding when to ask for a continuance in a criminal case can significantly affect the outcome. If you believe you need more time to prepare your defense, gather evidence, or secure witnesses, it’s essential to consult with an experienced attorney who can guide you.
At Luftman, Heck, & Associates, we’ve successfully helped numerous clients by requesting continuances, ensuring that every defense strategy is thoroughly prepared. If you or a loved one is facing criminal charges in the Cincinnati area and think you may need more time, contact LHA today. We’ll explore every opportunity and protect your rights.
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