Category: Court Process · Statute: Florida Rule of Criminal Procedure 3.190 · Source: Florida Legislature
Understanding Continuance (Good Cause) in Florida
In Florida criminal courts, a continuance is a formal request to postpone a scheduled hearing, trial, or conference to a later date. Under Florida Rule of Criminal Procedure 3.190(g), either the defense or the prosecution may move for a continuance, but the court will not grant it automatically. The moving party must demonstrate "good cause"—a legally sufficient, factual reason why proceeding on the scheduled date would compromise the administration of justice or violate the defendant's constitutional right to due process.
Florida judges possess broad discretion when deciding whether to grant or deny a continuance. To establish good cause, the requesting party must show they exercised due diligence but still face unavoidable obstacles. Common examples include the sudden illness of an essential trial attorney, the discovery of critical new evidence that requires analysis, or the unexpected absence of a material witness despite a timely subpoena. A key distinction in Florida law is that a defense-requested continuance generally waives the defendant's strict speedy trial time limits under Florida Rule of Criminal Procedure 3.191, giving the state more time to prepare its case.
How Continuances Impact Florida Bail and Pretrial Release
When a defendant is out on a bail bond, a granted continuance keeps the existing bond active, meaning the defendant remains free under the same supervision terms while the case is delayed. However, if a defendant is held in custody without bond or under a high bond they cannot afford, a defense-requested continuance prolongs their pretrial detention. Conversely, if the state requests a continuance because they are not ready for trial, the defense can argue for a reduction in bail or release on recognizance due to the prosecution's delay.