IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA (Criminal Division) COMMONWEALTH OF PENNSYLVANIA : : v. : : : : Defendants Name CP-17-CR- MOTION FOR CONTINUANCE NOW, comes the Defendant.
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How to fill out the Motion For Continuance (Criminal Case) - Clearfield County - Clearfieldco online
Filling out a Motion For Continuance is an important step for defendants who need to request a delay in their court proceedings. This guide will walk you through each section of the form, ensuring you understand how to submit it online effectively.
Follow the steps to accurately complete your motion form.
- Click ‘Get Form’ button to obtain the form and open it in the editing tool.
- Begin by entering the defendant’s name and the case number on the top of the form. Ensure that all information is accurate and clearly written.
- Indicate the type of court hearing you are requesting a continuance for by checking the appropriate box. Options include colloquy court, plea & sentencing court, ARD court, motions court, revocation court, jury selection, jury trial, or other.
- Fill in the date, time, and courtroom number for the hearing that you are requesting to continue. This information is crucial for proper scheduling.
- In the next section, describe the reason for the continuance. Provide clear and thorough reasoning to support your request. This should be as detailed as necessary to justify the delay.
- Confirm that you understand your right to a speedy trial and the provisions of Rule 600 of the Pennsylvania Rules of Criminal Procedure. This acknowledgment is essential for the court to consider your motion valid.
- If applicable, include an agreement to waive the provisions of Rule 600 for any delays caused by this motion. Attach a fully executed waiver accordingly.
- Indicate whether the Commonwealth agrees or does not agree to the motion by selecting the appropriate option.
- Sign and date the form at the bottom. Ensure that both the defendant and the attorney, if applicable, provide their signatures.
- After completing the form, review all entries for accuracy. Once satisfied, save your changes, download, print, or share the form as needed.
Complete your Motion For Continuance form online today to ensure proper handling of your case.
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Get answers to your most pressing questions about US Legal Forms API.
What is a motion hearing in PA?
A motion may address issues of procedure, evidence, or testimony. Pretrial motion rules require a party to submit the request in writing, and the other side has time to respond in a written answer.
What is a motion to suppress evidence in Pennsylvania?
(A) The defendant's attorney, or the defendent if unrepresented, may make a motion to the court to suppress any evidence alleged to have been obtained in violation of the defendant's rights.
What is the purpose of a suppression hearing?
Suppression Hearing This hearing is basically a mini-trial to determine whether evidence should be excluded from your criminal trial. The judge will consider arguments, testimony, and evidence presented by your attorney and the prosecution. This may include testimony and cross-examinations of witnesses and police.
What does motion to suppress evidence mean?
A Penal Code 1538.5 motion to suppress evidence is a pretrial motion asking the court to exclude evidence obtained by illegal search and seizure. In the United States, everyone is subject to the rule of law, including law enforcement.
What is the burden of proof for a motion to suppress?
Who Has the Burden of Proof in a Motion to Suppress Hearing? A warrantless search is presumed illegal so that the prosecution has the burden of proving its legality. If the search was done pursuant to a warrant, then the defense has the burden of proving evidence obtained was seized illegally.
How do I ask for a continuance in PA?
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.
What is the rule 587 in PA?
Motion for Dismissal. ([A]a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.
What are examples of motions to suppress evidence?
An example of a motion to suppress is where a defendant requests the court to suppress a confession by the defendant to the police that was obtained as a result of a Miranda violation.
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