Trial Continuance Without A Finding In Maricopa
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If you have a court date and you are not able to attend, or if you must provide documents to the court and cannot meet the deadline, you must file a Motion to Continue and a Notice of Hearing. Your request for a continuance and hearing must be filed as far in advance as possible.
You'll need to file a request with the court. This is usually done in the form of a written motion, which is a formal request to the court to make a particular decision. Your motion should explain why you need more time and how long of a delay you are requesting.
There is no set number because there are any number of reasons a continuance could be asked for.
If the defendant has been deceived by the state in a criminal action, a continuance can be granted. A continuance can be granted if there is an amendment to the indictment or introduction of new information in the criminal complaint. A continuance may be granted because unexpected evidence or testimony has emerged.
A request for the Court to change an upcoming hearing to a later date for reasons such as incomplete disclosure or discovery processes, a conflict, illness, etc.
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What Is Considered a “Good Cause?” Either the defendant or prosecution needs more time to prepare for trial; The defendant became ill or experienced an unexpected life change; Witnesses cannot be tracked down or cannot attend the scheduled court date; The defendant needs more time to retain a lawyer;
Continuance Without a Finding (CWOF) is common in cases where the evidence supports a guilty finding. This is when the defendant acknowledges guilt for pleading purposes, but the court does not enter a guilty finding. Instead, it continues the case which will be dismissed upon completion of certain conditions.
Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant's rights. They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation.
