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Superior Court of California - County of San Diego: Criminal: Continuances
      
Continuances
 

A continuance may be requested when a party needs additional time to appear on a matter or comply with a court order. The prosecution, the defense or the judge may continue a hearing. A defendant may request a continuance in order to comply with certain terms of probation ordered by the court, such as completion of a class or payment of a fine.

To continue a case prior to arraignment:

Clerks have the authority to process a one-time thirty-day continuance on minor offense cases only, whether the request is made at the counter, by mail, or over the phone. A continuance will not be processed by the clerk if a warrant or license hold has been issued or a civil assessment imposed.

To continue/reassign certain probation conditions-public service work, volunteer work, classes - not in lieu of a fine:

Clerks have the authority to issue a one-time thirty-day continuance, reassignment or extension at the public counter or by mail. If the case involves a class which cannot be scheduled and completed within 30 days, a longer time frame may be given.

All second and subsequent requests or any requests for more than 30 days must be referred to the judicial officer for decision.

Clerks are not permitted to grant extensions or reassignments in the following instances:

  • Domestic violence cases
  • Deferred Entry of Judgment cases
  • Drug Court cases
  • Victim's restitution
  • Custody, including Sheriff's work release or public service in lieu of custody
  • AIDS testing

The following are examples of the programs and classes to which this applies:

  • Public service work program
  • Driver's safety classes
  • Child's safety seat classes
  • Seatbelt classes

To request time to pay deferred fine, restitution fine or conversions to fine:

For a first request for more time to pay a deferred fine at the counter, you must complete the identification portion of a financial declaration. The clerk will then defer the balance of the fine for 30 days.  You must make a $30 payment unless that is more than the balance of the fine.

The clerk shall refer the case to court if:

  • The request is for more than 30 days to pay; or
  • The minimum payment cannot be made forthwith; or
  • It is a second request for more time to pay; or
  • A request for additional time on monthly payments is made.

Continuances on adjudicated cases:

All requests for continuances on adjudicated cases shall be referred to court.
 

How requests are administered:

The table lists the criteria on how general requests for additional time to appear or comply with a court order are administered:

  By Business Office Clerk By Court Appearance 
Prior Arraignment:
  • Felony
 
  • Misdemeanor
 
  • Infraction
First time continuance or reassignment to specified probation conditions:
  • Not in lieu of fine or custody
  • Without custody being stayed pending completion
 
Second and subsequent requests or request for more than 30 days
 
 


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