What Is a Continuance in a Criminal Case in Massachusetts?

In Massachusetts, a continuance means the court is postponing your case to a future date. It can happen for all kinds of reasons such as missing discovery, witness availability, ongoing negotiations, or simple court congestion.

But continuances are more than just scheduling changes. They can affect your strategy, your rights, and even your liberty.

Sometimes a continuance benefits the defense: it gives us time to prepare, negotiate, or file motions. Other times, it’s the Commonwealth asking for more time and that’s where I push back. If the prosecution isn’t ready, I may argue for dismissal or to exclude evidence.

These continuances are not to be confused with a continuance without a finding (CWOF), which is a resolution to the case.

I always review the reason for every continuance and whether it’s helping or hurting your case. What sounds like a routine delay can sometimes signal a larger opportunity or a growing risk.