Section 6.11 When Not to Request a Continuance

• Library: Criminal Practice 2012 Supp

C. (§6.11) When Not to Request a Continuance

Because the state has the right to re-file charges, counsel may want to consult with the client before automatically requesting a dismissal for failure to prosecute. If the case is dismissed and the charges re-filed, the defendant is re-arrested and re-processed at the jail, and a new, and perhaps higher, bond must be posted. Counsel should weigh the options with the client because the client may want to avoid the inconvenience and embarrassment of a new arrest and booking procedure if the re-issuance of the complaint is a certainty. If the prosecution announces that it is...