It occasionally happens. Sometimes drunk driving cases actually make it to a trial by jury. When they do make it to the trial phase, it can take a long time to conclude because of unforeseen circumstances. For instance, a lawyer may have scheduling conflicts or the court may have too many cases scheduled on one day. Those types of problems are common, but what about when an important witness cannot make it to court.
What happens then?
If your defense case relies on the testimony of a witness, it may be impossible for the trial to start or continue. If a witness is suddenly unavailable because of a legitimate reason, your lawyer can file a motion for a continuance to delay the trial. A continuance places your trial on hold until the conflict can be rescheduled or resolved.
Only the judge over your case has the power to deny or grant a continuance. If the motion is denied, the trial will proceed as scheduled. However, if the motion is granted, the judge may decide a future date for the trial.
The Process of Deciding to Grant or Deny a Continuance
A judge begins the decision process by examining the applicant’s good faith. The defense is considered the “applicant” when it files the motion to continue the trial. If the judge decides that your motion is genuine and based on circumstances that you cannot control, the motion may be granted. Genuine circumstances that you cannot control include your witness being in the hospital or out of town.
If your lawyer cannot show good reason why the motion should be granted, it could be denied. An example, would be if the judge thought the defense was stalling for time by claiming the witness was unavailable.
Sua Sponte
On a rare occasion, a court will issue a continuance without the defense or prosecution filing a motion to continue. This is referred to as sua sponte. The court reserves this type of motion for extreme circumstances, like when witnesses for both parties cannot appear in court on a specific day.
If you are charged with driving under the influence in California, do not hesitate to contact the Law Offices of Jonathan Franklin. We understand what it takes to provide you with a strong, solid defense. If a witness cannot be present at trial, we will file the appropriate motions to resolve the matter.
