Orange County Continuance Motions
Protect Your Right to a Fair Trial
Under the Sixth Amendment of the United States Constitution, every citizen
accused of a criminal offense has the right to a fair trial. Thus, if
the scheduling of your trial may cause a miscarriage of justice, you have
the right to submit a motion for continuance to postpone or adjourn it.
At The Law Office of Barney B. Gibbs, we are proud to protect the rights
of our clients and can help ensure that adequate time is provided to build
a strong, aggressive defense.
For more than 30 years, our Anaheim criminal defense attorney, Barney B.
Gibbs, has been providing passionate and effective legal counsel to individuals
criminal offenses. He has handled more than 2,500 criminal cases and knows how to recognize
when a defendant's rights are not being upheld. Additionally, he has
been rated AV Preeminent® by Martindale Hubbell®, which means
that the quality of his legal representation has been recognized by his peers.
Grounds of Good Cause for a Continuation
In order for a court to grant a motion for continuation, it must be proven
that there is a legitimate cause for the postponement. It will more likely
be granted to a defendant than the prosecution, as the prosecution is
expected to be prepared before filing an action. Furthermore, a continuance
may be ordered by a court in its own motion in certain circumstances,
such as failure to appear.
Examples of good cause for a defendant's motion for continuance include:
Lack of preparation – if cause is excusable and not ignorance, negligence, or delay
Change of counsel – as long as the withdrawal or replacement is not found to be a
Pendency of action – when the outcome of another, related proceeding might impact justice
Illness – if the health of a party might prevent participation in the trial
What happens if a witness is unavailable?
The unavailability of a witness, if on good faith, is considered grounds
for a continuance, but it will likely take the aggressive defense of an
Anaheim criminal lawyer to prove. It must be shown that the information
that would be provided through the witness' testimony cannot be obtained
elsewhere. Additionally, you must prove that due diligence was taken in
order to retrieve the witness, such as submitting a subpoena within a
reasonable amount of time before the trial date. Furthermore, the reason
for a witness' absence must be excusable; a witness being on vacation
does not prove just cause, unless he or she was under subpoena.
Motions on the Grounds of Scheduling Conflicts
With so many individuals involved in criminal proceedings, there may be
instances in which the scheduling of a trial conflicts with a member of
either party. If the affected party does not submit an immediate motion
for continuance or fails to declare ready for trial, consent to the date
is implied by silence. Any continuances, objections, or general rescheduling
due to conflicts must always be submitted in the best interest of justice.
It is important to note that absurd and excessive requests for continuances
may be counterproductive.
This is why it is essential to hire an attorney who understands the appropriate
and necessary times to pursue such
motions. If a court calendar is congested and good efforts have been made to secure
all of the necessary factors of a trial, permission to continue a trial
for a week may be granted, depending on the circumstances. A common method
of relieving congested court calendars is through half-day trials, which
may not always be convenient for the defense. In this case, an objection
can be made and the court will have to show good cause.
Gain Representation from a Dedicated Law Firm
The Law Office of Barney B. Gibbs has been rated A+ by the Better Business
Bureau in recognition of our commitment to our clients. We offer financing
options, including payment plans, to ensure that every individual can
access effective legal representation. Our Anaheim criminal defense lawyer
is determined to help defend your right to a fair trial and will aggressively
pursue motions for continuance to ensure that we have the time needed
to build a strong case on your behalf.
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