Q: Can my Public Defender continue my trial despite my objection and no evidence?

A: From what you’ve described, your public defender requested the continuance to allow an investigator to interview your sister, who may have overheard a conversation relevant to your case. This suggests an effort to uncover evidence that could impact your defense, which courts typically view as a valid reason for delay under California Rules of Court, Rule 3.1332, and related statutes like Section 595.4. The absence of evidence from either side at this stage does not necessarily prevent a continuance; rather, it may underscore the need for further investigation to ensure a fair trial. The trial court has the discretion to approve such a request if it deems it necessary and finds no significant prejudice to you or the prosecution, as noted in cases like Smith v. Superior Court (54 Cal. 4th 592) and People v. Riggs (44 Cal. 4th 248).

That said, your objection matters, and the court must weigh the circumstances—such as the reason for the delay, its length, and any potential impact on your rights. If you feel this continuance undermines your case or was unjustified, you have the right to voice your concerns to the judge or explore additional legal options. At Bulldog Law, we understand the frustration that can arise when decisions seem out of your control, and we are committed to empowering clients with clear, actionable advice tailored to their situations.

Every case presents unique challenges, making it essential to consult a qualified legal team promptly to assess your specific circumstances.

A: It sounds like your public defender needs more time to prepare for trial (by having an investigator interview your sister). Your attorney can request a continuance over your objection, and the court can grant that request over your objection. The court will take into consideration your right to a speedy trial, but there are other factors to consider as well - such as your right to effective assistance of counsel. Your attorney has a duty to conduct reasonable investigation, and that right may trump your right to a speedy trial.

A: This situation is understandably frustrating, especially when you feel like your voice isn’t being heard. In California, a Public Defender does have some discretion to request a trial continuance—even over your objection—if they believe it’s necessary to prepare an adequate defense. The law expects your attorney to act in your best interest, even if you disagree with the strategy in the moment.

That said, a continuance usually requires a valid reason. If your lawyer believes your sister’s potential testimony could support your defense, that may be seen as a legitimate reason to delay the trial. The court often grants continuances if it helps ensure a fair trial, especially when both sides still have no evidence ready. The judge has final authority on whether a continuance is granted, and they typically consider whether it will help serve justice or cause unreasonable delay.

It’s okay to raise concerns with the judge directly if you feel your rights are being ignored, but the court will usually trust your attorney's judgment unless there's evidence of misconduct or incompetence. You deserve to feel heard and represented, so don’t be afraid to respectfully speak up in court if something feels wrong. You’re not powerless here.