Last Updated on July 16, 2025 by Beltz Law Group
DWI Defense Attorney
Facing criminal charges can be an intimidating process, and the legal timeline can often seem confusing. One common occurrence in the journey through the criminal justice system is the “continuance,” where a scheduled hearing or court date is postponed to a later time. While it might feel like a delay, in many cases, a continuance is a strategic and necessary step, particularly when a skilled criminal defense attorney is representing your interests.
What Does It Mean When a Criminal Case Is Continued?
A “continuance” is simply the postponement of a court hearing, trial, or other legal proceeding to a future date. When a continuance is granted, the court clerk will update the docket, and new notices will be sent to all involved parties, including the defendant and the prosecution.
It’s important to understand that a continuance isn’t automatically granted just because it’s requested. In Texas, a motion for continuance must typically be made in writing, stating “sufficient cause” for the request. The judge will then evaluate the reasons presented and decide whether to approve the postponement.
Common Reasons for Continuances in Criminal Cases (Including DWI)
There are numerous legitimate reasons why a criminal case, such as a Driving While Intoxicated (DWI) charge, might be continued. These reasons often center around ensuring a fair trial and the proper administration of justice. Here are some of the most common:
- Ongoing Discovery: In any criminal case, both the defense and prosecution have a right to “discovery,” which involves exchanging evidence, witness lists, and other relevant information. Often, new evidence, police reports, dashcam footage, bodycam footage, toxicology reports, or witness statements are still being gathered or analyzed as the case progresses. A defense attorney may request a continuance to allow sufficient time to review newly received discovery material, understand its implications, and adjust their defense strategy accordingly. This is particularly vital in DWI cases where complex scientific evidence, such as breath or blood test results, may require expert review.
- Witness Investigation and Availability: A key part of building a strong defense involves investigating potential witnesses, interviewing them, and assessing their credibility. If a crucial witness is unavailable on a scheduled court date due to unforeseen circumstances (e.g., illness, travel, prior commitments), or if new witnesses are identified late in the process, a continuance may be necessary to secure their testimony or investigate their statements.
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Driving While Intoxicated Attorney
New Evidence or Developments: Sometimes, new evidence emerges unexpectedly, or the prosecution may amend charges or present new theories. In such situations, the defense needs time to adequately respond to these developments, which often necessitates a continuance to prepare a counter-argument or further investigation.
- Defendant’s Circumstances: There are instances where a defendant’s personal circumstances necessitate a delay. This could include:
- Medical Emergency: A sudden illness or injury preventing the defendant from appearing in court.
- Travel: If the defendant is out of town for legitimate reasons and cannot return for the scheduled date.
- Need for New Counsel: If a defendant decides to retain a new attorney, the new legal team will require time to get up to speed on the case.
- Attorney Scheduling Conflicts: Defense attorneys often manage multiple cases simultaneously. While they strive to avoid conflicts, sometimes overlapping court dates or unforeseen trial lengths make a continuance necessary to ensure they can provide adequate representation in all their cases.
- Negotiations and Plea Bargains: Continuances can also be requested to allow more time for plea negotiations between the defense and the prosecution. Sometimes, both parties are working towards a resolution that avoids a trial, and additional time is needed to finalize terms.
The Attorney’s Role in Requesting a Continuance
DWI Defense Attorney
When a criminal defense attorney requests a continuance, especially in a DWI case, it’s typically done with a singular goal: to ensure the best possible outcome for their client. This is not about delaying for the sake of delay. Instead, it’s about:
- Thorough Preparation: Ensuring that every piece of evidence has been analyzed, every witness investigated, and every legal avenue explored.
- Protecting Your Rights: Ensuring that you have ample time to prepare your defense and are not rushed into a decision that could negatively impact your future.
- Strategic Advantage: Sometimes, a continuance can provide a strategic advantage by allowing the defense to gather more information, identify weaknesses in the prosecution’s case, or wait for more favorable conditions.
While seeing your case continued to another date might initially cause concern, it’s often a sign that your attorney is diligently working behind the scenes, leaving no stone unturned to build the strongest possible defense. If you have questions about a continuance in your criminal case, it’s crucial to communicate openly with your attorney to understand the reasons and the strategic implications for your defense.
At Beltz Law Group, we understand the anxieties that come with criminal charges. Our experienced criminal defense attorneys are committed to thoroughly investigating every detail of your case and strategically utilizing every available legal tool, including continuances, to fight for the best possible outcome. Contact us today for a consultation.
