Louisiana Motion for Continuance of Trial
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How to fill out Louisiana Motion For Continuance Of Trial?
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FAQ
There is no hard and fast rule set out in the US Constitution that defines how long is too long for a delay. However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant's claim that their right to a speedy trial is being denied.
A valid emergency can serve as an excuse for missing a court date. Some examples of legitimate emergencies include: An emergency room visit for a sudden, debilitating medical condition. A sick child.
A judge can reschedule a trial as many times as he or she wants, so long as there is good cause to do so. If it's been rescheduled as many times as you say, often they are waiting for things like DNA to come back, or trying to arrange depositions...
A case can be continued more than once. Usually a judge will allow the defense attorney and the prosecution attorney to have one continuance each. An additional continuance may be needed if someone is sick or the trial docket is too full or there is some other reason the trial can not go forward.
A continuance in a criminal trial is a formal delay of the trial that can be requested by either side, before or during the trial.Requesting a continuance and receiving one are two very different things; it is important to have a good reason behind the request because it is a good reason the judge will expect.
Under Rule 600 the prosecution has to bring the defendant to trial within one year of the charges being filed. However, the clock stops whenever there is a delay caused by the defendant or by the court calendar. So whenever the defendant files a motion or requests a continuance the clock stops.
The rule of reason applies to postponing a court date. If the justification is reasonable, related to trial preparation, your health or that of a family member, or a matter of some importance scheduled before the court date was set, the judge will likely have no problem with a request for postponement.
Continuances Based on Inadequate Time. Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Continuances Based on Changing the Indictment or Attorney. Continuances Based on Surprises.
Take your completed Form SC-150 or letter to the clerk's office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.
