REQUESTS FOR CONTINUING OR RESETTING YOUR KANSAS CRIMINAL CASE

If you are expected in court, in a Johnson County, Kansas case, you may need extra time. Requests for extra time are called several things - postpone, reset, continuance, delay, etc.. Each have different meanings. These are often allowed but not always. Here are some things the Court may allow and/or consider when determining if you can get a new court date:

• You will likely need to appear at the next hearing to request a more time. If you fail to appear, whatever the reason, and you were not given permission from the court to do that, you will have a bench warrant issued for your arrest. This can cause a revocation of your bond and violation of bond supervision too;
• Change in counsel is a reason that many need more time. You need to know that sometimes the Court will deny withdrawal of your current attorney because the case is too far along. You also need to know that just because you get a new attorney it doesn't mean you will get more time. This office has been in Kansas courts where the new counsel is required to jump in, and prepare for trial, with very little time (which is not always in your best interest);
• With good cause shown, through your attorney it is possible to get your court date reset, without appearance, sometimes. Your attorney will have access to the Court's clerk, and the prosecutor, that defendant's don't. However, resetting is always up to the discretion of the Court;
• If you already have a warrant issued for your arrest, you will not be allowed to skip appearance to resolve that. Your next court hearing date will be given upon your actual appearance. If you are being extradited to Kansas you will not be bondable until you arrive in the controlling county;
• In Kansas, if you have failed to appear in the past (for good or no reason) the Court may refuse to reset or postpone your case. The judge's responsibility is to ensure that cases don't sit around, unjustified, for lengthy periods of time;
• The age of your case will also be considered when continuance is requested. For the same reason as noted above, the Kansas judge wants to clear you off their docket. Also, the prosecutor wants to ensure that they don't loose potential witnesses, that alleged victims are still around, and that evidence is still available. You then will be facing objections from the State too;
• The type of case will weigh into the consideration of the Court. If children (CINC), divorce proceedings, sex crimes and/or violent crimes are pending the urgency of the matters will play a part in the Court's decisions;
• You have the right to speedy trial. If you request several continuances you are giving the State the opportunity to strengthen their case. You should seek the legal advice of a Kansas attorney before making that decision. You may even want to object to the district attorney's request for more time; and
• Finally, you may be in a bind and really need to continue your case. It is most likely going to be granted if you have a medical emergency, your inability to appear is outside of your control, you have otherwise been in compliance, and/or you have other extreme circumstance (ex. death in the family). 

Remember: Until you have confirmation from the Kansas Court otherwise you must appear at all scheduled hearings.

You have questions. Call Attorney T. Morton NOW (913) 602-7288 for your free consultations. Payment plans are available.