Pennsylvania Criminal Court Continuance is the postponement or delay of a criminal court hearing. This is typically done at the request of either the prosecution or the defense so that they can have more time to prepare their case. Depending on the specific circumstances, there are several types of continuances that can be granted in Pennsylvania criminal court. The most common type of Pennsylvania Criminal Court Continuance is a "Continuance for Good Cause." This type of continuance is typically requested by the defense to give them additional time to gather evidence or to arrange for witnesses to testify. The judge will consider the defense's request and decide whether to grant the continuance. Another type of Pennsylvania Criminal Court Continuance is a "Continuance for Negotiation." This type of continuance is typically requested by the prosecution so that they can have more time to discuss a plea agreement with the defense. This type of continuance is often granted when the prosecution is willing to offer a reduced sentence in exchange for a guilty plea. Lastly, a "Continuance by Agreement" is a type of continuance requested by both the prosecution and the defense. This is usually done when both sides need additional time to work out the details of a plea agreement. No matter the type, all Pennsylvania Criminal Court Continuances must be granted by the judge presiding over the case.
Pennsylvania Criminal Court Continuance
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FAQ
A ?motion for a continuance? is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (?good cause?) for postponing your court date.
The Magisterial District Judge is prohibited from granting more than one continuance to each party. Any subsequent continuance by either party may be granted only by the President Judge, or his designee, upon completion and with just cause shown on the approved aforementioned continuance request form.
(A) Bail before verdict shall be set in all cases as permitted by law. Whenever bail is refused, the bail authority shall state in writing or on the record the reasons for that determination. (B) A defendant may be admitted to bail on any day and at any time.
Pursuant to Pennsylvania Rule of Criminal Procedure 106(C), a motion for a continuance on behalf of a defendant must be made at least 48 hours prior to the time scheduled for the Summary Appeal Hearing. A request by a defendant made within 48 hours of the time set for the hearing will not be considered.
--Any offense declared by law to constitute a crime, without specification of the class thereof, is a misdemeanor of the second degree, if the maximum sentence does not make it a felony under this section.
(a) When any period of time is referred to in any rule, such period in all cases, except as otherwise provided in Rules 107 and 108, shall be so computed as to exclude the first and include the last day of such period.
A subpoena in a criminal case shall order the witness named to appear before the court at the date, time, and place specified, and to bring any items identified or described.
Code § 106. If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part-or any other writing or recorded statement-that in fairness ought to be considered at the same time.
Applications for continuances shall be made to the court, or filed in writing with the officer in charge of the trial list, after giving notice of such application by mail, or otherwise, to all parties or their attorneys.