A continuance moves a scheduled hearing or trial in an Ohio criminal case to a later date. You or your Cincinnati criminal defense lawyer might need more time to review new evidence, secure an important witness, or finish preparing your defense.
The judge decides whether to grant the request, so the reason and the timing matter. A continuance can give your defense valuable preparation time, but it can also keep your case open longer and affect your speedy-trial rights.
What Is a Continuance in a Criminal Case?
A continuance is a court order that moves a scheduled court proceeding, such as a pretrial hearing, motion hearing, or trial, to a later date. Either the defense or the prosecution can ask for one, and the court may also reschedule a case when its own docket requires it.
Ohio law treats trial continuances seriously. Under Ohio Revised Code 2945.02, a common pleas court may continue a criminal trial only when it is shown that the ends of justice require it. The continuance can last only as long as that need requires, and the court must enter the reason on its journal. Ohio courts give judges broad discretion, but they expect a real reason for every delay.
When Should You Ask for a Continuance?
Continuances are not granted for just any reason. These are some of the most common situations in which asking for more time can make sense.
A Continuance Based on New Evidence
If new evidence surfaces that could significantly affect your defense, you may need more time to review it, gather additional information, or consult experts.
Imagine you are charged with theft, and your attorney discovers surveillance footage from a nearby store that contradicts the prosecution’s timeline. Your lawyer may request a continuance to analyze the footage and identify additional witnesses who could strengthen your defense.
Unavailable Witnesses
Sometimes a key witness is unavailable on the scheduled trial date. A continuance may give your attorney time to secure that witness’s testimony.
For example, if a critical expert witness becomes unexpectedly unavailable and that testimony is essential to your defense, your attorney may ask the court to continue the trial so the expert can testify later.
Inadequate Preparation
Your lawyer might need more time to prepare your defense because of complex legal issues, multiple charges, or extensive discovery.
Say you are facing several fraud charges involving complex financial transactions. Your attorney may need more time to review the records or retain a forensic accountant, and a continuance can provide the time needed to organize that evidence into a solid defense.
Health Issues
Whether it involves the defendant, a lawyer, or a key witness, a serious illness or injury can require delaying a hearing or trial. If you are hospitalized before your trial date, your attorney can request a continuance so you can recover and fully participate in your defense.
A Change of Attorney
If you hire a new lawyer close to a court date, the court may allow a short continuance so your new attorney can review discovery and prepare. Judges may view a late change of counsel skeptically if it appears intended only to delay the case, so it is best to make that decision as early as possible.
How Do You Request a Continuance?
Your attorney requests a continuance by filing a motion with the court. Under Ohio Criminal Rule 47, a motion generally must be in writing unless the court allows it to be made orally, and it must state the grounds for the request with particularity. A strong continuance motion explains why the delay is necessary, how much time is needed, and what supports the request, such as information about new evidence or a witness’s unavailability.
Many courts also have local rules that set deadlines for continuance requests and require notice to the prosecutor. In Hamilton County, felony cases are heard in the Court of Common Pleas, while most misdemeanor cases are heard in Hamilton County Municipal Court, and each court applies its own scheduling rules.
Factors Judges Consider When Granting or Denying a Continuance
Ohio judges weigh continuance requests using factors the Ohio Supreme Court identified in State v. Unger, 67 Ohio St.2d 65 (1981). They include:
- The length of the delay requested: A short, specific delay is easier to justify than an open-ended one.
- Prior continuances: The court considers whether other continuances have already been requested or granted.
- Inconvenience to others: Judges weigh the effect on witnesses, the prosecution, and the court’s schedule.
- A legitimate reason: The request should rest on a real need rather than an attempt to delay the case.
- Who created the need for delay: The court considers whether the defendant contributed to the circumstances that made more time necessary.
- Other circumstances: Any other facts unique to the case can also matter.
Timing also matters. A request made as soon as the need becomes clear is generally viewed more favorably than one made at the last minute.
How Does a Continuance Affect Ohio’s Speedy-Trial Deadline?
Ohio’s speedy-trial statute, R.C. 2945.71, sets deadlines for bringing you to trial. A first- or second-degree misdemeanor generally must be tried within 90 days after arrest or service of summons, and a felony generally must be tried within 270 days after arrest. Each day you are held in jail in lieu of bail on the pending charge generally counts as three days.
A continuance can extend those deadlines. Under R.C. 2945.72(H), the time is extended for the period of any continuance granted on your own motion and for any reasonable continuance granted other than on your motion. Your attorney should weigh the benefit of more preparation time against its effect on your speedy-trial rights before asking for a delay.
When a Judge May Deny a Continuance
Continuances are not always available. Common reasons a judge may deny one include:
- Lack of good cause: A request that is not supported by a compelling reason, or that appears designed only to delay the case, is likely to be denied.
- Repeated requests: If you have already received multiple continuances, further requests may be denied unless circumstances are extraordinary.
- Proximity to trial: Requests made just before a trial date without a sufficient explanation are often denied.
Frequently Asked Questions About Court Continuances
How Long Is a Continuance in Court?
There is no standard length for a continuance in an Ohio criminal case. The judge decides how much additional time the reason for the delay justifies. A trial continuance should last only as long as necessary, and a common pleas court must enter its reason for granting one on its journal.
Can You Ask for a Continuance the Day of Court?
Yes, you can ask for a continuance on the day of court, but the judge does not have to grant it. A last-minute request is stronger when the need for the delay arose unexpectedly and could not reasonably have been raised earlier. If you know before your court date that you need more time, your attorney should generally make the request promptly.
Can the Prosecution Ask for a Continuance?
Yes. The prosecutor can ask for a continuance, for example when a witness or laboratory result is not yet available. A continuance granted at the prosecution’s request extends Ohio’s speedy-trial deadline only if it is reasonable, so your attorney can object and ask the court to state its reasons on the record.
How Many Continuances Can You Get in a Criminal Case?
Ohio law does not set a fixed number of continuances. Each request is decided on its own facts, but judges consider whether earlier continuances were granted, so repeated requests become harder to obtain.
What Happens If a Continuance Is Denied?
If the judge denies the request, the hearing or trial goes forward as scheduled. An appeals court reviews the denial of a continuance only for an abuse of discretion, which makes it difficult to overturn. That is why a timely, well-supported request matters.
Why You Need an Experienced Defense Lawyer
Timing can determine whether a continuance helps or hurts your defense. Requesting additional time as soon as the need becomes clear gives the court a concrete reason for the delay and allows your attorney to explain how the extra time will be used.
An experienced lawyer will also recognize when a continuance could benefit your defense and, just as importantly, when it might not. Delays can prolong the stress of a criminal case and extend restrictive bond conditions, and in some cases moving forward with trial is the better strategic choice.
Timing and the Right Attorney Are Key
If you believe you need more time to prepare your defense, gather evidence, or secure witnesses, talk to an experienced attorney before your next court date. At Luftman, Heck & Associates, we evaluate whether a continuance will strengthen your defense before we ask the court for one, and we explain how it could affect your speedy-trial rights. If you or a loved one is facing criminal charges in the Cincinnati area, contact us today.
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