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How long can you postpone hearings while on bail

Moreno Valley, CA |

meaning.. i know someone who keeps asking for postponement and is in the jury trial phase now... he states he wants to stall to stay out as long as he can before he takes the deal, is this so? can someone keep doing that?

Attorney Answers 2


Whether a Defendant can continue (postpone) hearing dates more than a couple times varies dramatically based on the specific charges, the Judge and whether the DA's office is opposed or not opposed to continuances (postponements), and other factors such as whether either of the parties need more time to obtain Discovery/Evidence/witnesses.

There is more and more pressure on the Courts and the DA's to keep the cases moving, and unless there are strong arguments why things must be continued, the case will proceed - he will have to plead guilty or go to trial.

That being said, there may be an unwritten agreement between the parties in this case that things will be continued for a few more months to give the Defendant some time to plead and remand himself.

Ultimately, the answer to your question can vary significantly on a case-by-case basis.

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This really depends on what the reasons you present to the judge are. A judge has pretty broad discretion to set the trial date; if you have a good reason why you need it postponed, depending on the gravity of the offense (I'm guessing it's not that serious a crime if this person is out on bail); you may well get it postponed once or twice. However, lying to the court about why you need a postponement is a very bad idea for both defendant and attorney. I would strongly caution your friend against making any false statements to the judge about why he needs a new trial date.

I am a CA layer and this is just meant to get you started in looking for the right lawyer! This is not legal advice. No Attorney/Client relationship has been formed. I may or may not be licensed in your jurisdiction. Please consult an attorney licensed in your jurisdiction for state specific advice.

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