When the Court Date Changes: Continuances and How to Keep Up

Almost nobody’s first court date is their only court date. Criminal cases are continued routinely — and the single most expensive mistake available is turning up to the wrong one, or to none at all because nobody passed on the change.

Why dates move

Continuances are governed by Penal Code 1050, which requires good cause and, for a motion to continue, generally written notice. In practice dates shift for ordinary reasons: discovery is outstanding, counsel is unavailable, a courtroom is impacted, or a matter is trailing. None of it is unusual, and none of it means anything has gone wrong.

The part that matters

A missed continued date has exactly the same consequences as a missed original date. The court may issue a bench warrant — which does not expire — and where a bond was posted, the court forfeits it, starting the statutory period under Penal Code 1305. See failure to appear and PC 1305 bail forfeiture.

Families sometimes assume a bail agent tracks the case. We are not the court and we are not counsel. The reliable sources are the case record and the defendant’s lawyer.

How to keep up with the date

1. Start from the release paperwork, which controls the original date, time and courthouse — see understanding your release paperwork.
2. Photograph every page the day it is issued. This solves the most common problem, which is simply losing it.
3. Confirm each new date with the lawyer or the court, not from memory and not from a message in a group chat.
4. Put it somewhere that alerts you, not only on paper — see how to find a court date.
5. If there is no lawyer yet, get one. Appointed counsel may be available at no cost — see how to get a public defender.

What it means for the bond and the co-signer

A continuance does not end the bond. It ordinarily continues through the new date, and the co-signer’s obligation runs until the bond is exonerated — which on a case continued for months means a long-running obligation. See co-signer responsibilities, does the co-signer go to court and bail exoneration.

If you are a co-signer and you are losing confidence that the defendant will appear at the next date, say so to the agent before the date rather than after — see bond surrender and removing a co-signer.

If a date has already been missed

Act the same day. A warrant can often be recalled, sometimes without anyone going into custody — see warrant recall. The Penal Code 1305 period is the window in which a forfeiture can still be set aside, and it is far easier to use early.

Related

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm, and we do not track court calendars. Nothing here is legal advice. Confirm dates with the court or a criminal defence lawyer. California bail license 1841014.