A continuance is simply a postponement of a court date.
They are routine — and in criminal defense, a continuance is often a strategy, not a delay for its own sake.
What It Is
Either side can ask the court to continue (postpone) a hearing, for good cause — to gather evidence, secure a witness, complete negotiations, or prepare. The judge decides. Cases routinely have several continuances before they resolve.
Why the Defense Asks for Time
Time usually favors the defense. More time means room to investigate, file motions, line up judicial diversion (PC 1001.95), complete classes that strengthen a negotiation, or simply let a thin case get thinner as memories fade and witnesses become unavailable.
The Speedy-Trial Tradeoff
Asking for time means waiving some of your speedy-trial rights — a tradeoff your lawyer weighs case by case. Sometimes the better play is the opposite: refuse to waive time and put the prosecution on the clock. Whether to seek a continuance or press the deadline is a strategic call.
Frequently Asked Questions
What is a continuance in a criminal case?
A continuance is a postponement of a court date, granted by the judge for good cause — to gather evidence, secure a witness, complete negotiations, or prepare. Criminal cases routinely have several continuances before they resolve.
Why does my criminal case keep getting continued?
Often on purpose. Time usually favors the defense — more time to investigate, file motions, arrange diversion, complete classes that help a negotiation, or let a thin case weaken as memories fade. Continuances are frequently a strategy, not a delay for its own sake.
Does asking for a continuance affect my speedy-trial rights?
Yes. Requesting time generally means waiving some of your speedy-trial rights — a tradeoff your lawyer weighs case by case. Sometimes the better move is the opposite: refusing to waive time to put the prosecution on the clock.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com