So You Wanna Play The Continuance Game: A Not-So-Serious Look at California's Preliminary Hearing Hustle
Ah, the preliminary hearing. That exciting (or soul-crushing, depending on your perspective) pre-trial dance where the prosecution tries to convince the judge you're probably guilty and the defense attorney does their best Barry Zuckerman impression. But what happens when the music stops for a bio break and never quite starts again? Enter the delightful world of continuances!
Hold on, what's a continuance anyway?
Think of it like hitting the snooze button on your court date. It's basically postponing the preliminary hearing to another day. Now, there are legit reasons for this, like your key witness suddenly developing a fear of public speaking (turns out, parrots aren't that reliable on the stand). But hey, let's be honest, court can be a bureaucratic labyrinth, and sometimes things get...well, let's just say continuances can become a bit of a game.
So, how many times can this game go on?
California, bless its sunshine-y heart, tries to keep things moving. The law states the preliminary hearing MUST happen within 60 days of your arraignment (that's your first court hurrah where you plead guilty, not guilty, or no contest). Bold and underlined for emphasis, folks. 60 days. Not 61. Not "whenever we get around to it." 60.
But wait, there's more!
Like a good reality show, there are twists! The 60-day rule can be waived, but only by YOU, the defendant. So, if you're cool with waiting longer, you can sign a piece of paper saying "Sure, take your time." Just remember, every continuance is another day hanging in limbo.
Now, here's the funny part...
There's no magic number for how many times you can continue. The judge has some discretion, but if they keep granting continuances without a good reason, well, that could be grounds for dismissal of the charges. Imagine the disappointed look on the prosecutor's face! record scratch freeze frame Yep, that's me, you're probably wondering how I ended up in this situation.
The moral of the story?
Continuances are a tool, but use them wisely. Talk to your lawyer and figure out the best strategy. Remember, while a delay might seem nice in the moment, justice delayed is justice kinda rotten, and nobody wants that.
P.S. If you do find yourself in continuance-land, use the time to your advantage. Gather evidence, prep your defense, or, you know, perfect your impersonation of a courtroom sketch artist (those portraits can be ruthless).
