Criminal Trial continuance texas

You should start calling local experienced defense lawyers immediately. First, the code of criminal procedure has specific rules for a continuance. You need an attorney to draft your motion correctly.

Second, if you are set for a criminal trial you will be at a severe disadvantage pro se. If you can not afford a lawyer ask for court appointed counsel.

Whether or not it is a "good" idea to continue a case depends on many factors. In some cases I file for a speedy trial, in other cases delaying trial may be beneficial. I don't know the facts of your case and I can't advise you if a continuance will help.

Find the right lawyer immediately. With trial a week away you have no time to waste.

The court will grant continuances for good reasons only. You may want to talk to a lawyer and have the lawyer get a continuance. The court doesn't like to continue a case because they are under pressure to move cases. Also, you don't want to lie to the court.

Attorney Jason Chan
77 Franklin Street, FL3
Boston, MA 02110
617-556-8220
website: www.attorneychan.com
blog: http://attorneychan.wordpress.com/
twitter: http://twitter.com/AttorneyChan

Disclaimer: I am not licensed to practiced law in this state. This is for informational purposes only.

You do not say what kind of case yours is but if it is a criminal case, especially above a Class C, you should definitely have a lawyer. Continuances can be granted upon a written motion IF there is good cause. However, one cannot lie or mislead the court in order to obtain a continuance.

As far as timing is concerned, many people find themselves without a witness or with other problems even on the day of trial. Just cause will get a continuance even at that time upon proof that said witness is available and would testify favorably (which just takes an affidavit.)

If the question is whether it is harmful to get a continuance, the general answer is no. No one gets convicted upon a continuance and there is a possibility that witnesses, for whatever reason, may not be available when the case goes to trial. This said, I remind you that you cannot "make up" a reason for a continuance (and get a lawyer!)

Good luck.

It truly depends on the facts of your case. Typically we prefer our cases to drag out for enough time to line up all of our witnesses and develop our case strategy and evidence. Many times it is a good idea to let a case drag out so that witnesses forget facts and can be impeached with prior statements. This can create reasonable doubt for a jury.

Again, it is all strategy and case specific.