July 15, 2026 | Criminal Defense
In criminal cases, the pressure to move quickly can feel extremely stressful for the defendant. Prosecutors and judges often push to move things along so that they can keep cases moving through the court system efficiently. However, going to trial before your defense is ready can be far more damaging than asking for additional time.
A continuance is a formal request to postpone a hearing or trial date and can be one of the most important tools in a criminal defense attorney’s strategy in the right circumstances. Ohio law allows defendants to request continuances, but the decision to do so comes with legal trade-offs that need to be carefully weighed in advance.
How Ohio Law Treats Continuances in Criminal Cases
Ohio judges have broad discretion when deciding whether to grant a continuance. A request is generally made in writing and should explain why additional time is needed. Per Ohio Rule of Superintendence 5.24, the court may consider factors such as the reason for the delay, how much additional time is being requested, and whether the case has already been continued.
If a continuance is granted, it may also affect your speedy trial rights. Under Ohio law, the state generally must bring felony and misdemeanor cases to trial within certain time limits. However, when a defendant requests a continuance, those deadlines are typically paused for the length of the approved delay.
Although a continuance may extend the time it takes to resolve your case, additional preparation time can sometimes be beneficial. An experienced criminal defense attorney can help you determine whether requesting a continuance is the right strategy based on the facts of your case.
When a Continuance Can Strengthen Your Defense
Not every case benefits from a delay, but there are situations where moving forward too quickly can put you at a serious disadvantage.
Some of the most common reasons defense attorneys request continuances include:
- New counsel has recently been retained
- Key evidence is still being processed, such as forensic analysis
- An expert witness hasn’t finished their evaluation
- Plea negotiations are in progress, and both sides need more time to reach a resolution
- The charges are complex enough that rushing to trial could compromise the quality of the defense
Courts generally recognize that there are circumstances where additional preparation time is necessary to ensure a fair legal process. When supported by a valid reason, a continuance may give your attorney the time needed to investigate the case, prepare a stronger defense, or pursue a favorable resolution.
Can the Prosecutor Request a Continuance?
Continuances are not limited to defendants. Prosecutors may also ask the court to postpone a hearing or trial when additional time is needed. For example, the prosecution may request a continuance if an important witness is unavailable, new evidence must be reviewed, or other circumstances prevent the case from moving forward as scheduled.
Whether the request comes from the prosecution or the defense, the judge will consider the reasons for the delay and determine whether granting a continuance is appropriate under the circumstances.
The Risks of Requesting a Continuance
While a well-timed continuance can be a smart move, requesting one without a clear strategy can backfire. Each delay extends the period you spend under the weight of pending charges. Witnesses may become harder to locate over time, and the court may view repeated requests unfavorably as well.
The decision to file a continuance motion should always be a deliberate one. Ideally, you should only choose this move in consultation with a criminal defense lawyer who knows the full picture of your case.
Contact the Cincinnati Criminal Defense Lawyers at Suhre & Associates DUI and Criminal Defense Lawyers for Help Today
Requesting a continuance can sometimes provide valuable time to prepare a stronger defense, negotiate with prosecutors, or gather important evidence. However, every case is different, and deciding whether to seek a delay requires careful consideration of the potential benefits and trade-offs.
At Suhre & Associates DUI and Criminal Defense Lawyers, our Cincinnati criminal defense attorneys help clients develop legal strategies tailored to their unique circumstances. If you have been charged with a crime in Ohio, contact our team today to schedule a free consultation (513) 333-0014 and learn how we can protect your rights throughout every stage of your case.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
300 W 4TH St,
Cincinnati, OH 45202
(513) 333-0014
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