Motion to Continue Hearing California Sample
Penal Code 1050 allows individuals to file a motion for continuance in California. A motion of continuance, in basic terms, asks the court to reschedule a part of a criminal case to a later date.
The Simmrin Law Group can help you learn more about what you need to do to file a motion for continuance.
Basic Information Concerning Motions for Continuance
A motion for a continuance is a legal way of asking the court to reschedule a portion of your case. An individual can make this motion to reschedule their hearing or criminal trial. However, these motions are not automatically granted in California.
A judge decides whether or not to grant a PC 1050 motion. Note that judges only grant these motions if the party making the motion shows they have "good cause" to do so. Additionally, when filing a PC 1050 motion, individuals must also notify the other party that they will be filing this motion. Either the prosecution or the defense can file a PC 1050 motion.
For a free legal consultation with a motion to continue a criminal case lawyer serving California, call (310) 928-9347
Good Cause for a Motion for Continuance in California
The court will not automatically approve a motion for continuance. Instead, the party requesting the delay has to show that they have a "good cause" for filing the motion. A delay is often up to the discretion of the judge. For instance, the judge may approve a delay if:
- They require more time to prepare for a trial
- The defendant became ill and cannot proceed as planned
- A conflict arose for the defense or the prosecution that stands in the way of their ability to proceed on time
- A witness could not attend the previously scheduled court date
When assessing whether the party filing the motion has "good cause," the judge can also consider how the new date will impact the others involved in the case. For example, say a witness cannot attend the scheduled court date because they have a prior engagement. In this situation, the judge may agree to postpone the hearing or trial to a new date.
The Simmrin Law Group is here to review the specifics of your situation if you want to file a motion for continuance. We can help you determine whether you have good cause to move your court date to a new date in the future.
California Motion to Continue a Criminal Case Lawyer Near Me (310) 928-9347
Time Limits in Which to File a Motion of Continuance
You may be wondering how long a continuance lasts once the court grants you a new date. The answer is that there is no set period of time for judges to follow when scheduling a new court date. Instead, they can extend the date for the amount of time they feel is "necessary" to give you more time to prepare your case.
In some cases, the wait time before a new date may be very short. For example, say that your court date is delayed due to an illness. In this case, a judge could schedule a new day for later that same week, giving the individual enough time to recover.
A criminal defense lawyer can help you learn more about filing a motion for continuance.
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Motions for Continuance and Your Right to a Speedy Trial
All U.S. citizens have the right to receive a speedy trial, per the U.S. Constitution. Prosecutors are allowed to file a motion for continuance. However, they are not allowed to unduly delay a criminal trial, as this translates to mean that the accused will not receive a speedy trial.
Delaying a case for too long can work in the defense's favor in that your lawyer may be able to get the charges against you thrown out. In fact, we can help you get your charges thrown out if the prosecution repeatedly delays your trial.
We are also ready to help you prepare in the event your case does go to trial. Members of our team will defend you in court and will work to resolve your criminal charges quickly. We know how to deal with state prosecutors and can work to get your charges reduced or even dismissed.
Lawyers prepare a petition for a motion of continuance. Simmrin Law Group can help you prove good cause for a motion if you need to delay your court date.
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How to Request a Continuance
Your options for requesting a continuance will vary depending on where you're at in your trial. If you have at least ten days before your trial is set to begin, you can either submit a Form SC-150 or write a letter to your local court. This process requires you to pay a $10 filing fee. Be sure to mail either your form or your letter to the other individuals participating in your case.
If you have fewer than ten days to reschedule your trial, take either a Form SC-150 or a letter to your county clerk's office. You may then request a continuance at your trial's initial hearing. You need to provide good reason for both requesting the continuance and filing your paperwork later than you should. Prepare to pay your fee and mail your request to other involved parties.
Regardless of the court's decision, you'll receive a notice from your local county clerk in the mail after you've filed your request. This document, known as a Form SC-152, will let you know how a court has chosen to proceed.
Reacting to a Rejected Request for a Continuance
There are circumstances in which a judge may reject your request for a continuance. All judicial figures must consider these requests through the lens of diligence. So long as your constitutional rights are not in jeopardy, judges may reject your request for a continuance by stating you've not worked within reason to manage your case's concerns.
You have the right to appeal a rejected request for a continuance. Code of Civil Procedure §437c(h) notes that continuances are to be granted generously, albeit within the letter of the law. Judicial representatives may not deny a request for a continuance out of annoyance or spite. Rather, all figures must present "good reason" to reject the defendant's motion.
That said, be prepared to submit evidence of due diligence when submitting a request for a continuance. While this evidence is not mandatory, including it alongside your request can help prevent the delays brought about by a rejection and an appeal.
Ask a Lawyer About Penal Code 1050 and How to File a Motion for Continuance Today
Penal Code 1050 allows you to file a motion for continuance to change your court date in California. Reach out to the Simmrin Law Group if you need to change your court date. Find out more by calling us for a free case evaluation. You can also complete our online contact form.
Call or text (310) 928-9347 or complete a Free Case Evaluation form
Source: https://www.simmrinlawgroup.com/california-penal-code-section-1050/
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