Category: Court Process · Statute: Florida Rule of Criminal Procedure 3.190 · Source: Florida Legislature
Understanding Motion for Continuance in Florida
In Florida criminal courts, a Motion for Continuance is a formal request made by either the defense or the prosecution to delay a scheduled court proceeding, such as a pretrial conference, motion hearing, or trial. Under Florida Rule of Criminal Procedure 3.190(g), this motion must be filed in writing and state the specific reasons for the delay, unless it is made in open court under circumstances that could not have been anticipated. Judges have broad discretion in granting or denying these requests, weighing the constitutional right to a speedy trial against the necessity of ensuring a fair trial where both sides are adequately prepared.
A continuance is typically sought when unexpected obstacles arise that prevent a party from being ready. Common grounds in Florida include the sudden unavailability of an essential witness, the need for defense counsel to review newly disclosed evidence or take additional depositions, or a change in legal representation. While both sides can request a delay, if a defendant files a Motion for Continuance, it generally waives their strict speedy trial rights under Florida Rule 3.191, effectively giving the state more time to prepare its case without violating the defendant's constitutional timelines.
How a Continuance Affects Bail and Pretrial Release
When a defendant requests a Motion for Continuance, it directly impacts their pretrial release status by extending the duration of their bail bond. Because the case is prolonged, the defendant must remain under the conditions of their release, including maintaining contact with their bail bondsman and attending all rescheduled court dates. However, if the state requests multiple continuances that unreasonably delay the trial, a defense attorney may argue for a reduction in bail or a release on recognizance (ROR) due to the government's delay in bringing the case to trial.