Why Asking for a Continuance Can Help Your Case
When you’re facing criminal charges, the idea of your case being delayed can feel frustrating — or even a little scary. You might be wondering, "Why is my attorney asking to move the trial date? Shouldn’t we just get it over with?"
It’s a fair question.
But sometimes, asking for more time is the smartest move we can make to protect your rights, build the strongest possible defense, and make sure you get the best outcome possible.
In fact, in many cases, a continuance can make the difference between winning and losing a case.
Here’s what you need to know about why continuances are sometimes necessary, how they work, and why they can be an important part of defending your freedom.
What Is a Continuance?
A continuance is a formal request to postpone a court date — whether that’s a trial, a hearing, or a motion argument — to a later time.
In Arizona (and across the country), the court has the discretion to grant or deny a request for continuance. Judges don't automatically allow cases to be delayed. Instead, they require attorneys to demonstrate that there is a good cause for the delay and that the request is made in the interest of justice — not just to buy time or inconvenience the other side.
When used properly, a continuance ensures that the process remains fair and that both sides — especially the defense — are fully prepared.
When Might a Continuance Be Needed?
There are many legitimate reasons why a continuance might be necessary. Some of the most common scenarios include:
1. New Evidence or Witnesses
In the course of preparing a case, new evidence or important witnesses may come to light — sometimes very close to trial. A defendant might remember new details, or the defense team might uncover information during a deeper investigation that wasn't obvious at the beginning of the case.
When this happens, it’s critical to have enough time to properly investigate, gather statements, review documents, and, if appropriate, disclose new witnesses to the State in compliance with discovery rules. Rushing through this process could mean missing valuable opportunities to strengthen the defense.
2. Expert Witnesses
In some cases, especially more serious felony cases like DUIs, assaults, or drug charges, expert witnesses are needed to testify about forensic issues, medical conditions, accident reconstruction, or other technical matters.
Finding, hiring, and preparing an expert takes time. Experts also have their own schedules and may not be immediately available. A continuance might be needed to ensure the defense has access to credible expert testimony that could make a major difference at trial.
3. Discovery Issues
Discovery refers to the process of exchanging evidence between the defense and the prosecution. If the prosecution turns over late disclosures — like new police reports, witness statements, video footage, or lab results — the defense needs adequate time to review and respond to that evidence.
Sometimes, discovery disputes themselves require hearings before the court, further delaying proceedings. A continuance helps protect the defendant's right to a fair trial when unexpected discovery issues arise.
4. Strategic Reasons
Defense attorneys are always reassessing strategy as more information becomes available. For example, a new witness might mean a new defense theory needs to be developed. Or if negotiations with the prosecutor are ongoing, additional time might allow for a favorable resolution to be reached outside of trial.
It is much better to adjust strategy and prepare properly than to go to trial unprepared or boxed into an early plan that no longer fits the facts.
5. Unexpected Emergencies
Real life doesn't stop just because a trial date is scheduled. Sometimes emergencies happen: an attorney gets sick, a key witness has an accident, or an essential party has a personal crisis. Judges typically understand that genuine emergencies may necessitate a continuance.
How Courts Decide Whether to Grant a Continuance
Judges don't automatically approve every request for more time. They must weigh several factors, including:
Good Cause: Is there a valid reason for the delay? Courts expect attorneys to show specific, concrete reasons — not just vague claims that they "need more time."
Extraordinary Circumstances: Under Arizona law (specifically Rule 8.5 of the Arizona Rules of Criminal Procedure), the standard for granting a continuance in criminal cases is whether "extraordinary circumstances exist" and whether "the delay is indispensable to the interest of justice."
Diligence: Has the attorney been actively preparing the case? Courts are less sympathetic if an attorney seems to have procrastinated without justification.
Impact on the Other Side: Will the delay unfairly prejudice the prosecution or the alleged victim? Courts have to balance both sides’ interests.
Reasonableness of the Request: Courts are more likely to grant a short, targeted continuance than an open-ended or indefinite delay.
The bottom line: judges have a duty to move cases forward efficiently, but they also must protect the defendant’s constitutional right to a fair trial.
Why a Continuance Can Actually Strengthen Your Defense
While waiting longer for your case to be resolved can feel stressful, there are real advantages to getting extra time when it’s needed.
Here’s how a continuance can actually help your defense:
1. Uncovering the Full Story
Rushed trials often miss important facts. Taking the time to fully investigate witnesses, gather documents, and double-check evidence ensures that your side of the story is fully developed and presented.
2. Giving the State Time to Reevaluate
When new evidence is disclosed, the prosecution may need time to process and assess the strength of their case. In some situations, this can lead to better plea offers, dismissals of charges, or more favorable resolutions for the defendant.
3. Avoiding Constitutional Violations
Defense attorneys have a legal and ethical obligation to provide effective representation. If counsel rushes to trial without pursuing all reasonable leads or preparing fully, it could later form the basis for an ineffective assistance of counsel claim — something no defendant or attorney wants. Taking the time to do it right protects both you and the integrity of the entire process.
4. Managing Unexpected Developments
Trials are unpredictable. New witnesses, new evidence, or even unexpected actions by the State can completely change the landscape. Having the flexibility to adjust through a continuance gives your defense a major strategic advantage.
What Happens After a Continuance?
If a continuance is granted, the judge will set a new date for trial or the next court hearing. Typically, both sides will also be given deadlines for completing certain tasks — like conducting witness interviews or turning over additional discovery — before the new date.
Your attorney will stay in communication with you during this time, providing updates, gathering anything additional that’s needed, and continuing to prepare aggressively for your defense.
It’s important to remember: just because the case is moving more slowly does not mean it’s moving in the wrong direction. Often, that extra time is being used very intentionally and strategically to make sure you get the best possible outcome.
Common Questions About Continuances
Q: Will asking for a continuance make me look guilty?
A: No. Courts and prosecutors understand that continuances happen for many legitimate reasons. The focus is on fairness, not guilt or innocence.
Q: How many continuances can be requested?
A: There’s no hard limit, but each continuance must have a strong justification. Repeated, unsupported continuances are frowned upon. Defense counsel will only request a continuance when it’s truly necessary.
Q: Does the victim or prosecutor get to object?
A: Yes, they can object. However, the judge makes the final decision after hearing both sides.
Q: Could my bond conditions change if trial is continued?
A: Typically, bond conditions stay the same, but your attorney can advise you if there’s any risk of changes based on the circumstances of the continuance.
Final Thoughts: It’s About Getting It Right
The criminal justice process is already complicated and stressful enough without rushing into a trial unprepared. In criminal defense, it’s always better to do it right than to do it fast.
At AJB Law Firm, my focus is on protecting your rights, providing the strongest possible defense, and giving you the best chance for success — even if that means asking for extra time when it’s necessary.
If you have questions about your case, the trial timeline, or whether a continuance could benefit you, please don’t hesitate to reach out. I’m here to guide you through every step of the process, advocate fiercely on your behalf, and make sure your voice is fully heard.
Your future matters. Your defense matters. And sometimes, taking the time to do it right is the best decision we can make together.
