Wolf Law is proud to serve Denver and surrounding communities, including Aurora, Lakewood, and the broader Denver Metro area. When you are facing criminal charges in Colorado, time matters. Every court date carries real legal significance, and understanding what happens when a case is continued or delayed is an important part of navigating the criminal justice process. Continuances are a routine part of litigation, but they are not granted automatically — and how they are used can have a meaningful impact on the outcome of your case.
Wolf Law represents individuals across Colorado with a criminal defense practice focused on preparation, strategy, and strong legal advocacy. Attorneys and Partners Jeff Wolf and Colleen Kelley lead the firm’s defense team, each bringing decades of trial experience, sharp legal analysis, and a commitment to protecting their clients’ rights at every stage. Both attorneys are known for their national media presence, including commentary on Court TV and Law & Crime, and both bring that same level of analytical rigor and courtroom skill to every case they handle in Colorado. Together, they reflect Wolf Law’s philosophy that excellent criminal defense is built on preparation, precision, and a genuine commitment to the people they represent.
This article explains how continuances work in Colorado criminal cases, when they are appropriate, who can request them, and what a delay in your case could mean for your defense. Understanding the procedural landscape is part of building a sound strategy from the start.
What Is a Continuance in a Colorado Criminal Case?
A continuance is a court-approved postponement of a scheduled hearing or trial date. In Colorado criminal cases, continuances can be requested by either the prosecution or the defense, or they may be ordered by the court on its own. The decision to grant a continuance is within the judge’s discretion, and Colorado courts weigh a range of factors when evaluating each request.
Continuances are not unlimited. Colorado courts take the right to a speedy trial seriously, and that right imposes real deadlines on how long a criminal case can remain pending before trial. Under Colorado Rule of Criminal Procedure 48, a defendant must generally be brought to trial within six months of entering a not guilty plea, with certain exceptions. This framework means that every continuance has consequences, and strategic timing matters.
What Are the Most Common Reasons a Criminal Case Is Delayed in Colorado?
Cases are continued for many different reasons, and not all of them are within the defense’s or the prosecution’s control. The most common grounds our attorneys see in practice include:
- Defense preparation: Defense attorneys may request more time to investigate the facts, review discovery materials, consult with experts, or prepare legal motions. Adequate preparation time is foundational to a strong defense, and courts generally recognize this.
- Prosecution readiness: Prosecutors may request continuances when witnesses are unavailable, evidence analysis is pending, or caseload demands create scheduling conflicts. These requests are evaluated by the court on the same standard as defense requests.
- Court scheduling: Denver County Court, the Jefferson County Courthouse in Golden, and courts throughout the Denver Metro area manage heavy dockets. Scheduling conflicts and courtroom availability frequently result in case delays that neither party has requested.
- Outstanding motions: When pretrial motions are pending — such as motions to suppress evidence or dismiss charges — the case may be continued while the court resolves those issues. The outcome of those motions can significantly affect the direction of the case.
- Newly discovered evidence: When significant new evidence surfaces close to a hearing or trial date, a continuance may be necessary to allow both sides to properly evaluate and respond to it.
- Witness unavailability: When a critical witness cannot appear on a scheduled date, a continuance may be requested rather than proceeding without essential testimony.
How Does the Speedy Trial Right Affect Continuances in Colorado?
Colorado’s speedy trial rule is an important protection for defendants, and it directly limits how long a case can be delayed. Under Colorado law, the six-month speedy trial clock begins when a defendant enters a not guilty plea. If the prosecution fails to bring the case to trial within that window, the defendant has the right to move for dismissal.
However, certain continuances toll — meaning they pause — the speedy trial clock. When a defendant requests a continuance, speedy trial clock starts over entirely, as it is automatically deemed a waiver (unless the request can be deemed the fault of some action by the Prosecution). This means that requesting continuances, while sometimes strategically necessary, can also extend the overall timeline of the case. Our attorneys evaluate the speedy trial implications of every scheduling decision carefully.
In some circumstances, waiving the speedy trial right entirely may be in a client’s best interest — for example, when additional preparation time would significantly strengthen the defense. It is important to note that waiving your speedy trial right is not permanent, if recommended. It simply starts the clock over with a new six month timeframe. This is a decision that should always be made with full legal guidance.
Facing criminal charges in Denver, Aurora, or Lakewood? Call Wolf Law at 720.479.8574 for a free consultation. Our legal team will evaluate your case timeline and protect your rights at every stage.
Can a Defendant Be Held in Custody During a Continuance?
Whether a defendant remains in custody while a case is continued depends on bond. In Colorado, everyone charged with a crime — with the exception of first-degree murder — is entitled to bond. The issue is not whether you qualify for release, but whether you are able to meet the conditions of bond the court sets.
When a case is delayed and a defendant remains in custody because bond conditions cannot be met, every additional court date has real human costs. Our attorneys appear at bond hearings and fight for reasonable conditions from the start, so that continuances do not translate into extended pretrial detention for our clients.
Why Case Delays Can Work For or Against the Defense
A continuance is not inherently good or bad for a defendant. The strategic value of additional time depends entirely on how it is used and what the circumstances of the case require.
- When delays help the defense: More time for investigation, expert consultation, and motion preparation can meaningfully strengthen a defense. Evidence can be gathered, witnesses located, and legal arguments refined. In complex cases, rushing to trial before the defense is fully prepared can be costly.
- When delays hurt the defense: Witnesses’ memories fade over time, and that can work in either direction. If the defense’s case depends on fresh witness recollections, delay may not be in the client’s interest. The opposite can also be true if the prosecution’s case depends on the fresh memory of witnesses. Additionally, a client who is held in custody during a lengthy case faces real hardship that must be weighed.
- When the prosecution benefits from delay: Prosecutors sometimes seek continuances when additional evidence is expected or when key witnesses are temporarily unavailable. Our attorneys scrutinize prosecution continuance requests carefully and object when delay would prejudice the defense.
Common Challenges People Face With Case Scheduling in Colorado
Defendants frequently encounter scheduling-related issues that are confusing, frustrating, and sometimes legally significant. Some of the most common situations our attorneys address include:
- Cases continued without adequate notice: Last-minute continuances can disrupt employment, family arrangements, and the practical lives of defendants who have planned around court dates. Our attorneys communicate proactively about scheduling so clients are never caught off guard.
- Multiple continuances eroding speedy trial rights: Each waiver of the speedy trial clock is a legal decision with long-term consequences. Our attorneys track these waivers carefully and advise clients on the cumulative impact.
- Confusion about what continuances mean for bond: Defendants sometimes believe that a case being continued changes their bond status. It generally does not. Our attorneys explain exactly what each court date means and what remains in effect between hearings.
How Wolf Law Approaches Case Scheduling and Continuances
Jeff Wolf and Colleen Kelley are both excellent trial attorneys who understand that how a case is managed procedurally can be just as important as what happens at trial. Both attorneys have appeared on national platforms including Law & Crime and Court TV to discuss complex criminal cases, and both bring that same analytical depth to the scheduling and procedural decisions in every Colorado case they handle.
Our legal team evaluates every case timeline with the client’s specific circumstances in mind. When a continuance is in the client’s interest, we pursue it. When the prosecution is seeking delay that would harm the defense, we object. And when the speedy trial clock is running, we track it precisely so that our clients’ constitutional rights are never quietly waived away.
Contact Wolf Law Today to Protect Your Defense Timeline
If you are facing criminal charges in Colorado and have questions about how your case is progressing or what upcoming court dates mean for you, our legal team is here to help. Wolf Law offers free consultations, and our attorneys will review your case, explain the timeline, and ensure your rights are protected at every hearing. Call 720.479.8574 today.
Wolf Law represents clients throughout the Denver Metro area, including Aurora, Lakewood, and communities along the I-25 corridor. Whether your case is in Denver County Court, the Jefferson County Courthouse, or another Colorado court, our excellent attorneys are ready to stand beside you. Call Wolf Law at 720.479.8574 for your free consultation.
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