Asked in Criminal Law for Colorado

Q: When a lawyer continuously asks for a continuation on a case, what help if any is that to the defendants case?

Related Topics:
1 Lawyer Answer
Matthew Williams
Matthew Williams
Answered
  • Criminal Law Lawyer
  • Cleveland, OH

A: It can be helpful to the defense to delay. First, people cool down. Right when things happen the victim is often out for blood. Like anyone else, they cool off and move on to new business as time passes. A prosecutor is much more likely to give the defendant a break, if the victim isn't screaming for blood. Second, people forget stuff. If you're going to try a case, the defense tends to benefit a lot more from forgetfulness than the state. Third, people move, die, stop caring. Witnesses may become unavailable or simply not show up because its been so long. Again, that sort of stuff tends to help the defense. BUT, most importantly, the day charges are filed the state is usually pretty close to being ready for trial. Their investigators have done their work. They who the witnesses are and what they have to say. It's the defense that needs time to prepare.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.