Trial Continuance Without A Finding In Wake
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FAQ
Some of the reasons that might necessitate a continuance include: You need additional time to secure an attorney to represent you in court. You need more time to gather evidence because the other side has been stalling on discovery requests. You need more time to locate witnesses who are critical to your case.
A continuance can provide many advantages if used appropriately: Time to Build a Strong Defense: More time can allow your lawyer to gather additional evidence, secure vital witnesses, or consult with experts that will strengthen your defense.
Lawyers and clients frequently want continuances to prepare their cases, but they don't always get them. If the prosecution or defense needs extra time to prepare for a hearing or trial in a criminal case, they can ask the judge for a continuance.
A continuance is granted for good cause. More time to prepare could be good cause depending upon the circumstances. You (or your attorney) must argue how desperate you are for court orders, and/or that more preparation is not necessary based upon the circumstances.
Postponements are requested for any number of reasons: vacation, scheduling conflict, specialist appointments, not ready, missing documents, payment, non-payment, etc., etc., etc., What is important is that the judge did not accept the reason for the continuance and denied the request.
Lawyers and clients frequently want continuances to prepare their cases, but they don't always get them. If the prosecution or defense needs extra time to prepare for a hearing or trial in a criminal case, they can ask the judge for a continuance.
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.
Example: In a custody hearing, the plaintiff has had no visitation with his son. The defendant wants to request a continuance of 4 weeks. A continuance of 4 weeks means that the plaintiff may not see his son for four more weeks.
How many times can a court case be continued in NC. North Carolina the process of continuing a courtMoreHow many times can a court case be continued in NC. North Carolina the process of continuing a court case is governed by specific rules and guidelines to ensure fairness and efficiency in the judicial
When you make a plea of “admission to sufficient facts” in Massachusetts, you are essentially telling the court and the prosecution that were the prosecution to proceed with the case, it would be able to present sufficient evidence to secure a conviction of guilt against you.
