California Penal Code 1050 PC – Motion to Continue a Criminal Case
A motion to continue is a formal request to postpone a scheduled court date in a criminal case.
In California, this process is governed by California Penal Code Section 1050, which sets strict rules on when and how a continuance may be granted.
While continuances can be necessary, courts do not grant them automatically. Judges require a valid legal reason and will balance the request against the need to resolve cases in a timely manner.
The criminal defense attorneys at Cron, Israels & Stark, based in Los Angeles, are ready to assist. You can schedule a consultation by filling out the contact form or by calling us at (424) 372-3112.
This guide explains how motions to continue work, when they are granted, what “good cause” means, and how they can affect your case.
Quick Answer
Under California Penal Code Section 1050:
- A continuance delays a court hearing or trial
- It must be based on “good cause.”
- Requests should be made as early as possible
- Judges have discretion to approve or deny the request
What Is a Motion to Continue?
A motion to continue is a formal request to postpone a scheduled court date in a criminal case. In California, this request is governed by California Penal Code Section 1050, which requires a valid legal reason—known as “good cause”—before a judge will approve any delay.
Rather than simply asking for more time, a motion to continue must explain why postponing the hearing is necessary to ensure fairness. Courts are required to balance this request against the public's interest in resolving cases efficiently.
A continuance may apply to many stages of a criminal case, including:
- Arraignments
- Pretrial hearings
- Preliminary hearings
- Trial dates
- Sentencing hearings
Either the defense or the prosecution can request a continuance, and the judge has full discretion to grant or deny it based on the circumstances.
Why It Matters
A properly requested continuance can give your attorney time to review evidence, locate witnesses, or negotiate a better outcome. However, unnecessary or repeated delays may result in denial and could negatively impact how the court views your case.
Key Takeaway
A motion to continue is not automatic—it is a strategic legal tool that must be supported by good cause under California Penal Code Section 1050 and used carefully to protect your rights.
What Does “Good Cause” Mean?
To grant a continuance, the court must find “good cause.”
Examples of good cause include:
- Need for additional time to review evidence
- Unavailability of a key witness
- Ongoing plea negotiations
- Illness or emergency involving a party or attorney
- Newly discovered evidence
Simply wanting more time is not enough—there must be a legitimate legal reason.
When Can You Request a Continuance?
A request can be made:
- Before the hearing date (preferred)
- On the day of the hearing (less likely to be granted)
Courts expect requests to be made as soon as the need becomes known.
How Do You File a Motion to Continue?
Filing a motion to continue requires following specific procedural steps under California Penal Code Section 1050. Courts expect timely requests supported by “good cause.”
| Step | What You Do | Legal Basis | Practical Tip |
|---|---|---|---|
|
Identify Good Cause |
Determine the valid reason for the delay (e.g., new evidence, unavailable witness) |
California Penal Code Section 1050 |
Be specific and document your reason |
|
Act Promptly |
Request the continuance as soon as the need is known |
California Penal Code Section 1050 |
Late requests are often denied |
|
Prepare the Motion |
Draft a written motion or be ready to make an oral request in court |
Court procedure |
Written motions are stronger for complex cases |
|
Notify the Other Party |
Provide notice to the prosecution or opposing counsel |
California Penal Code Section 1050 |
Proper notice improves credibility |
|
File With the Court |
Submit the motion according to court rules (in person or electronically) |
Local court rules |
Follow formatting and filing deadlines |
|
Attend the Hearing |
Appear in court to explain and support your request |
Judicial discretion |
Be prepared to answer questions |
|
Judge's Decision |
The court grants or denies the continuance |
California Penal Code Section 1050 |
Always be ready to proceed if denied |
Key Takeaway
Filing a motion to continue is a structured legal process. Strong justification, early action, and proper procedure are essential to increase the likelihood that the court will grant your request.
Factors Judges Consider
Judges evaluate several factors, including:
- Whether a good cause exists
- The length of the requested delay
- Impact on witnesses and victims
- Prior continuances in the case
- The defendant's right to a speedy trial
California law emphasizes timely case resolution under California Penal Code Section 1050.
Can a Continuance Be Denied?
Yes. A judge may deny a motion if:
- There is no good cause
- The request is made too late
- The delay would unfairly prejudice the other party
- The case has already been continued multiple times
How Continuances Affect Your Case
Advantages
- More time to prepare a defense
- Opportunity to gather evidence
- Time to negotiate favorable outcomes
Disadvantages
- Delays resolution
- Prolongs stress and uncertainty
- May impact witness availability
What Happens If You Miss Court Instead of Requesting a Continuance?
If you fail to appear without requesting a continuance:
- A bench warrant may be issued
- You may face charges under California Penal Code Section 1320 or California Penal Code Section 1320.5
- Your case may become more serious
Real-World Example
A defendant's attorney needs additional time to review newly disclosed evidence. They file a motion to continue under California Penal Code Section 1050. The judge finds good cause and reschedules the hearing, allowing the defense to prepare effectively.
Related Laws
California Penal Code Section 1382 – Speedy Trial Rights
Speedy trial law requires cases to proceed within certain time limits
California Penal Code Section 1320 – Failure to Appear (Misdemeanor)
Failure to appear applies when a defendant misses court
California Penal Code Section 1320.5 – Failure to Appear (Felony)
Applies to felony cases with stricter penalties
Frequently Asked Questions
What is a motion to continue?
A request to delay a court date.
How many continuances can I get?
There is no fixed number, but repeated requests may be denied.
Can I request a continuance myself?
Yes, but it is best handled by an attorney.
Will a continuance hurt my case?
Not necessarily—it can help if used strategically.
Can the prosecutor request a continuance?
Yes, both sides can request delays.
What if the judge denies my request?
You must proceed as scheduled or risk penalties.
Key Takeaway
A motion to continue under California Penal Code Section 1050 can be a valuable tool when used properly. However, courts require a valid reason and careful timing.
Speak With a California Criminal Defense Lawyer
If you are considering requesting a continuance under California Penal Code Section 1050, getting legal guidance early can make a meaningful difference.
Courts expect these requests to be timely, well-supported, and legally justified—and a poorly handled request can be denied or even harm your case.
An experienced California criminal defense attorney can:
- Evaluate whether “good cause” exists for a continuance
- Prepare and present a persuasive motion to the court
- Coordinate with the prosecution to improve the chances of approval
- Protect your rights under California's speedy trial rules, including California Penal Code Section 1382
- Develop a broader case strategy that uses timing to your advantage
Legal timing is often as important as the facts of your case. Whether you need more time to gather evidence, review discovery, or negotiate a resolution, a strategic approach can improve your chances of a favorable outcome.
If you have an upcoming court date or are unsure whether to request a delay, consult a qualified defense attorney as soon as possible to protect your position and avoid unnecessary risks.
The criminal defense attorneys at Cron, Israels & Stark in Los Angeles are available to assist you. Book your consultation now.