A continuance is when the court agrees to push a hearing or trial to a later date. Either side can request one, but the judge has to find a good reason — like the need for more time to investigate, an unavailable witness, or an unforeseen scheduling conflict.
How Continuances Work in California
California Penal Code § 1050 governs continuances in criminal cases. The party requesting the continuance must show “good cause” and, in most situations, file a written motion at least two court days before the hearing. The court must balance the request against the defendant‘s speedy trial rights under Penal Code § 1382 — generally 30 or 45 days for misdemeanors and 60 days for felonies after arraignment, unless the defendant waives time.
Related Legal Terms
Continuances connect to deadlines surrounding the arraignment, the preliminary hearing, and the broader procedural rights handled across our criminal defense and DUI defense practice.
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