While you may be anxious to get your case resolved, it may be in your best interests to seek a continuance to delay your trial. Our experienced Manassas criminal defense lawyers at The Wilson Law Firm can help you decide if you need to request this court order. If this is a good option, we’ll help you establish that you have good reasons to ask that your trial date be delayed and will aggressively defend you to help achieve the best possible outcome.
How to Obtain a Continuance in Your Virginia Criminal Case 
A continuance is a formal delay of your trial that the prosecutor or your criminal defense attorney can request. The judge assigned to your case can also decide to delay without a request from either party. Judges must grant requests for a continuance when a delay is necessary under Virginia Code §19.2-162.
When requesting a continuance, you must comply with Virginia criminal court rules. If the prosecutor doesn’t agree to your request, a formal motion is filed, and you must attend a hearing.
In addition, you may need to follow the special rules of the court where your case is being decided. For example, these motions aren’t placed on the court’s docket in Fairfax County. Instead, the prosecutor and your criminal defense attorney must arrange a conference call with the judge.
Grounds for Requesting a Continuance in Your Virginia Criminal Case
There must be a valid reason for asking the judge to delay your trial. In our many years of experience at The Wilson Law Firm, here are the ones we often utilize when necessary:
- Insufficient time to prepare. We might ask for a continuance if there’s not adequate time to prepare for your trial. For example, we may need more time to interview witnesses, examine the prosecution’s evidence, or challenge lab results. In addition, the prosecutor and our attorney may request your trial date be rescheduled if we’re close to reaching a plea bargain to resolve your case.
- Additional charges. If the prosecution does this, our legal team may need more time to prepare an effective defense strategy.
- New evidence or witnesses. We might ask the court to delay your trial so we have sufficient time to review this information and decide how to best defend you. In addition, if a witness we plan to call at your trial is unavailable, this could also be a good reason to request a continuance.
If our criminal defense lawyers believe a continuance is necessary, we’ll explain this and the pros and cons of this action so you can make an informed decision. Throughout your criminal case, we’ll do everything we can to fight the charges you face so they are dismissed or reduced to a less serious offense with lighter sentences.