When Your Lawyer Isn’t Ready
If you’re facing criminal charges, you have a constitutional right that goes beyond simply having a lawyer in the courtroom. You have the right to effective representation—a lawyer who is actually prepared to defend you. When a trial court denies your attorney the time needed to prepare your defense, that decision can be so unfair that it constitutes an error, potentially giving you a do-over if you’re convicted.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our criminal defense attorneys near you.
Your Constitutional Right to Competent Counsel
The Sixth Amendment guarantees every criminal defendant the right to counsel. Courts have consistently held that this means you’re entitled to the effective assistance of counsel—a lawyer who has had adequate time to investigate your case, research the law, communicate with you, and prepare a defense strategy.
When a trial court refuses to grant a continuance that your lawyer needs to properly prepare, the court may be violating this fundamental right. This is especially true when your attorney is dealing with complex issues like mental health evaluations, witness interviews, or motions that require substantial research and preparation.
What Is a Continuance and Why Does It Matter?
A continuance is simply a postponement of a court proceeding to a later date. Defense attorneys request continuances for many legitimate reasons: to complete investigations, to arrange for expert evaluations, to accommodate scheduling conflicts, or to properly prepare complex legal motions. While courts have discretion to grant or deny continuances, that discretion isn’t unlimited. When a trial court denies a continuance in a way that prevents your lawyer from providing effective representation, the court has abused its discretion. This abuse can form the basis for reversing a conviction on appeal.
Real World Example: People v. Seigler
A recent case perfectly illustrates how denying a continuance can lead to reversible error. In this case, the defendant and his girlfriend called 911 to report threats to their home. Responding officers determined both individuals were under the influence of controlled substances and that the reported incident hadn’t actually occurred. Officers later discovered the defendant had fired shots through a wall while his son was in the room, leading to arrests for negligent discharge of a firearm. The defendants were later arrested again for burglary.
Trial was continued multiple times, including when the defendant’s counsel sought a continuance for mental health assistance, explaining that the defendant was struggling with severe drug addiction and mental illness. Despite this request, the evaluation never took place for unknown reasons. On the day of trial, defense counsel moved to continue the trial and filed a motion for mental health diversion. The attorney explained he had experienced continuous difficulty communicating with his client and was simply not prepared. The trial court denied both requests, ruling they were untimely and inadequately noticed.
On appeal, the court reversed the defendant’s conviction. The appellate court found that the trial court had abused its discretion by failing to inquire into whether there was good cause for defense counsel’s inability to provide proper notice. More importantly, the denial had consequences for the defendant, including that he was never evaluated for mental health issues, his diversion application was never heard on the merits, and he was forced to choose between pleading guilty and proceeding to trial with an unprepared attorney.
Protecting Your Rights
If you’re facing criminal charges, it’s important to have an attorney who will advocate for the time and resources needed to formulate an effective defense. This includes:
- Requesting continuances when necessary for investigation or preparation
- Filing motions for mental health evaluations when appropriate
- Making a clear record of why additional time is needed
- Objecting when the court denies necessary continuances
Contact Wallin & Klarich Today
If you are facing criminal charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, and Anaheim. Additionally, our law firm can handle many types of cases statewide. Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled criminal defense attorney near you.
