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What is a Continuance?

A continuance is simply the continuation of a scheduled event.  Continuance of a pretrial date may be necessary to obtain information, evidence and review witness statements or videos. In criminal law, typically, a continuance is granted on one occasion at the request of either party if they can present any decent reason for the court to not have a hearing on a given date.  This is NOT the case if a judge has only one hearing scheduled and they have blocked off significant time for the trial.  Also, each court has local rules which may prevent a continuance unless good cause is shown. For example, in Federal Court cases are generally not stacked so that more than one case is scheduled for trial any given day.  If a continuance is requested, there are other rules such as adequate notice as well as significant grounds for the delay.  This is very different than in State Court where often a continuance is granted simply because a witnesses is not available. Each court differs and an experienced criminal defense attorney will know when to expect a continuance.  Some judges also require that if asking for a continuance due to witness "no-show" you must prove that you filed a subpoena for their appearance. Also, some courts will give a prosecution only one continuance for lack of witnesses, but the request may have to be at the request of the State or Commonwealth.  If you have other questions, ask  your attorney. If you are concerned about a continuance, or want to know why your case was continued, you should ask your attorney.  For representation in Northern Kentucky, contact Bouldin Law Firm and Michael Bouldin by email at [email protected] or call 859-581-6453.

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