Understanding Continuances in Criminal Court: What You Need to Know

Many people expect a criminal case to move in a straight line from arrest to a final decision. Instead, they show up for a court date, wait, and leave with a new date a few weeks later. That's a continuance, and it's one of the most common things that happens in criminal court. Here's what it means, why it happens so often, and what to do each time a date moves.

What a Continuance Is

A continuance is simply put –– a postponement: the court moves a hearing or trial to a later date. It can be requested by the defense, the prosecution, or sometimes suggested by the judge, and in California a request generally has to show good cause. Most of the time it isn't a sign that anything is going wrong. It's a normal part of how cases work their way through the system.

Why Dates Get Moved So Often

There are many ordinary reasons. The defense attorney may still be waiting on evidence from the prosecution, such as police reports, video, or lab results, and needs time to review it. The two sides may be negotiating and want more time to reach an agreement. A key witness might be unavailable, or the court's calendar might simply be too full that day. Sometimes a person hires a new attorney, who needs time to get up to speed.

In many cases, a continuance helps the person charged. Rushing to a hearing before the defense has reviewed the evidence is rarely in anyone's interest.

What About the Right to a Speedy Trial?

California law sets deadlines for bringing a case to trial, and those deadlines are shorter when someone is in custody. But it's very common for a defendant to agree to "waive time," meaning they give up those deadlines for a while so their attorney can prepare properly. It's a strategic choice best made with an attorney, who can explain whether holding firm on the deadlines or allowing more time makes more sense in a particular case.

You Usually Still Have to Show Up

This is the most important point. Unless your attorney or the court tells you clearly that you don't need to be there, assume you do, even if you suspect the date will be moved. In many cases, the continuance is granted at the hearing itself, and the person is expected to be present to receive the new date. Missing a court date, even one that ends up being postponed, can lead to a bench warrant and serious problems with bail.

Keep Track of Every New Date

Each time a date changes, write it down and ask for written confirmation if you can get it, whether from the court clerk, your attorney, or the paperwork handed out in court. Then tell your bail agent. They track your court dates too, and keeping them updated avoids confusion and makes sure reminders are accurate. It's easy for dates to blur together over months of continuances, so keeping one list of every date in a single place really helps.

What Happens to Bail When a Date Moves?

In most cases, bail simply stays in effect while the case continues, and a continuance doesn't require posting bail again. Release conditions, such as check-ins or stay-away orders, also keep applying for the whole time the case is open, not just until the original court date. If you're unsure whether anything about your bail is affected by a schedule change, your bail agent can confirm.

If You Need to Change a Date Yourself

Sometimes the conflict is on your end, such as a medical procedure, a family emergency, or a work obligation that can't move. Don't simply skip the date. Contact your attorney as early as possible, since they can ask the court for a continuance on your behalf. Courts are much more flexible about a request made in advance than about an explanation offered after a missed date.

A Few Common Questions

Is a continuance a bad sign for my case? Usually not. Most continuances happen for routine reasons, like waiting on evidence or ongoing negotiations.

How many times can a case be continued? There's no fixed number, but each request generally needs good cause. Some cases are continued many times.

Do I have to go to court if I think the date will be moved? Yes, unless your attorney or the court has clearly told you that you don't need to appear.

Do I need to post bail again after a continuance? Generally no. Bail typically stays in effect for the life of the case.

Who should I tell when my court date changes? Write it down, confirm it with your attorney, and let your bail agent know.

Long cases can feel like they'll never end, but you don't have to keep track of it all alone. Our Auburn team has helped families stay on top of their court dates since 1973, and we're available any time, day or night.