How can I get a continuance while I wait for my taxes?

One of the most common things that I hear from people during the winter and early spring is that they’re waiting to get their tax refund back. Some folks are trying to get the money to hire an attorney, while others are trying to pay off old fines and costs. No matter the reason, a lot of people rely on getting their tax refund back to deal with a crisis such as a misdemeanor charge.

The problem is that it’s not even tax time yet. What do you do?

You might be able to get a continuance to delay your case.

Start with calling the clerk’s office. Their number is usually listed on the bottom left area of your summons. You can tell them you need more time and see if you can get an extension.

That will work in some cases, but in others the clerks will tell you to appear in front of the judge to ask for the extension. That may be a safe bet if it’s the first calling of your case. But if you’ve had a continuance before or already signed an attorney waiver form, the judge could make you go to trial that day without a lawyer.

The best rule of thumb for any continuance situation is to call a local lawyer. They can tell you about the court’s normal policies and may be able to advise you about what continuances are available.

photo credit: eviloars

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

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