Legal Question in Traffic Law in Pennsylvania

Same day continuance

I was scheduled for a hearing today at 2:00pm. I took the day off work to make final preparations. I was at my home until 10:30am then I had to leave for a doctor's appointment. I went from my doctor's appointment to the hearing where they were suprised to see me. I was told that a continuance had been issued today. There was a message on my answering machine from 12:39pm. My question, are they allowed to issue continuances under these circumstances? I showed up, the prosecution did not.


Asked on 12/13/05, 5:09 pm

2 Answers from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Same day continuance

20/20 hindsight is a wonderful thing. They should not have been allowed a continuance at that time but because you did not object the continuance was granted. You needed to object as soon as you found out about it, which is what an attorney representing you would have done.

If you had an attorney he would have objected at that time and caused the prosecutor to proceed or drop the matter.

Continuances are available for both sides, but usually must be requested in advance. A failure to object to a motion, such as request for continuance, is a failure to oppose.

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Answered on 12/13/05, 5:51 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Same day continuance

It's common for district justices to allow continuances, usually one for each side. If they try it again, make sure you object. The district justice will be less likely to issue one for the prosecution the next time around.

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Answered on 12/14/05, 12:52 pm


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