If you are convicted in a criminal trial, we may be able to help you. At Our Appeals Law Firm, we are equipped to take cases to appeal and fight hard. a second time for a proper,error-free trial and potentially for the resolution. you desire. Our team at Appeals Law Group makes every case a collaborative. effort.
Although a continuance is the result of a court order, issued by the judge in a trial or hearing, it also can come from a statute or law. The terms continuance and postponement are frequently used interchangeably.
Discretion for the criminal trial court to grant or deny a continuance is ultimately limited and defined by the Sixth Amendment to the United States Constitution and the Fourteenth Amendment of the United States Constitution. These include the right to have effective counsel. Case law discussed. hearing may be held on the issue of the propriety of an application for a continuance. However, there is no absolute requirement that a formal hearing in the matter of a continuance. It is reversible error to deny a continuance because the trial court thought the defendant was malingering.