Criminal trials can be very complicated and involve many unexpected obstacles that make the process take longer than anticipated. Delays can be necessary to afford both sides a fair hearing, whether because of missing evidence, unavailable witnesses, or procedural complications.
In Florida, courts deal with such postponements through continuances – requests in writing to delay proceedings. However, not every request for continuance is approved since the courts demand valid reasons and ample preparation to grant such motions. Floridians should speak to William Umansky, a skilled criminal defense attorney from The Umansky Law Firm Criminal Defense & Injury Attorneys if they find themselves in legal trouble related to criminal cases.
This article highlights some of the important points to know about continuances in Florida criminal cases.
What Is a Continuance?
A continuance is a postponement in a criminal trial by the court. The prosecution or the defense may request it, but the court should have sufficient and specific reasons on the part of the moving party for the postponement.
Common justifications are when one needs more preparation time or has to attend to unexpected developments, such as missing witnesses or newly introduced evidence.
The judges will carefully scrutinize whether the delay is necessary, as courts desire to maintain trials on schedule whenever possible.
Steps to Request a Continuance in Florida
A continuance starts with a motion that must be filed. This motion must state why the case must be put off and include any corroborating documentation, such as records showing attempts to resolve the issue first.
During a hearing, the judge will consider your motion and may have additional questions or seek clarification prior to making a ruling. In the case of the grant or denial of a motion, this is reflected in court documents and the results are communicated to the parties involved.
The best way to maximize the likelihood of an approved motion is by ensuring well-documented, clearly stated reasons are expressed regarding why the request has been sought.
When Do Judges Grant Continuances?
Judges are more likely to grant continuances when major obstacles arise that cannot be overcome without additional time. For example, insufficient preparation time due to complicated evidence or the unavailability of key witnesses often proves adequate grounds.
New developments, such as amended charges or the introduction of new evidence, may also justify delays as they require adjustments in legal strategies. Similarly, unavoidable circumstances like the replacement of legal counsel or court scheduling conflicts are often considered legitimate reasons.
Why Judges Deny Continuances
The court can deny continuance requests if it feels they are not needed or could have been avoided. Most judges will deny a motion based on neglect, like a failure to meet deadlines, find witnesses, or discover crucial issues in the early stages of the trial.
Frivolous or repetitive requests without sufficient grounds may also destroy credibility and result in denials because the courts do not want to allow stalling tactics. Motions that are not clearly explained and supported with evidence will also be denied because judges prefer efficiency and fairness in the courts.
How Legal Representation Can Help
Having an experienced attorney greatly improves your likelihood of being granted a continuance. Seasoned lawyers know how to draft good motions, gratify the expectations of the court, and avoid procedural mistakes.
Secondly, a lawyer will be able to analyze whether requesting a continuance is in your best interest or if other strategies may work better. Their expertise ensures every aspect of your motion is properly prepared, reducing the risk of denial.
The judges are also more critical of self-represented individuals because they are more likely to make procedural mistakes. Professional legal representation shows diligence and professionalism, important factors in persuading the court that a delay is warranted.
Conclusion
Understanding continuances is crucial for anyone facing criminal charges in Florida. These delays aren’t guaranteed and require strong justification. With the help of a knowledgeable attorney, such as William Umansky, you can navigate the process more effectively and increase your chances of securing the time needed for a fair defense.
