A Pennsylvania Criminal Motion for Continuance is a legal document that is filed by the defense attorney in a criminal case in order to request a delay or adjournment of proceedings. This motion is typically used to give the defense more time to prepare for trial or to obtain additional evidence that may be relevant to the case. There are two types of Pennsylvania Criminal Motion for Continuance: 1) Request for a Continuance before Arraignment and 2) Request for a Continuance after Arraignment. The former is used when the defendant has not yet been arraigned and the latter is used after the defendant has been arraigned. In either case, the motion must be filed with the court and is subject to approval by the judge.
Pennsylvania Criminal Motion For Continuance
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Pennsylvania
Control #:
PA-SKU-1715
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PDF
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Criminal Motion For Continuance
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FAQ
(i) Anyone requesting a continuance or postponement shall concurrently with the service of the request or the confirmation file a proof of service with the judge.
Failure to appear is addressed in Rule 1910.13-1 of the Pennsylvania Code: ?If a party fails to appear at a conference and/or hearing as directed by order of the court, the court may issue a bench warrant for the arrest of the party . . . .? If the court issues a bench warrant for your arrest, the police could pick you
A continuance request submitted by the party not requesting the initial continuance, if granted by the Magisterial District Judge, shall not be for more than fourteen (14) days. The Magisterial District Judge is prohibited from granting more than one continuance to each party.
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.
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. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.
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.
--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.
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.