How to Continue Your Court Date
in Wake County, NC

What Is a Motion for Continuance?

A Motion for Continuance is a formal legal request filed with the court asking a judge to reschedule your hearing to a later date. Unlike simply calling the courthouse or failing to appear, a properly filed motion goes through the official NC eCourts system and becomes a permanent part of your case record.

In North Carolina, the motion must identify the case, state the current hearing date, explain the reason for the request, and — in most circumstances — be filed by a licensed attorney or the defendant pro se. When granted, the court clerk enters a new date and both sides are notified.

Does Wake County Grant Continuances?

Yes — with appropriate frequency. Wake County District and Superior Court judges routinely grant first-time continuance requests when the motion is properly filed and supported by a legitimate reason. The granting of a continuance is, however, entirely within the judge's discretion under N.C. Gen. Stat. § 15A-952 and related rules.

Factors that strengthen your request:

• No prior continuances on this case
• The motion is filed well in advance (48+ hours)
• The reason is clearly documented
• The motion is filed by a licensed attorney

Factors that weigh against granting:

• Two or more prior continuances on the same charge
• Same-day or last-minute filing with no explanation for the delay
• Weak or undocumented good cause
• Serious charges or a long-pending case

What Counts as Good Cause in NC?

North Carolina courts require good cause for a continuance. There is no exhaustive statutory list, but the following are well-established grounds recognized by Wake County judges and NC appellate courts:

• Medical emergency or scheduled medical appointment — hospitalization, surgery, or a procedure that cannot be rescheduled; documentation helps
• Work or travel conflict — pre-paid travel, a mandatory work shift, or an out-of-state work assignment; documentation (itinerary, employer letter) significantly strengthens the motion
• Attorney unavailability — if you have retained counsel who has a conflicting court appearance or unavoidable obligation on the same date
• Need more time to prepare your defense — newly discovered evidence, a recent change in legal representation, or insufficient time to locate witnesses
• Childcare emergency — primary caregiver obligations with no available substitute

North Carolina courts have consistently held (see State v. Adams) that good cause must be genuine and, where feasible, supported by documentation. Vague or conclusory assertions ("I just can't make it") are unlikely to succeed standing alone.

Attorney Barker will review your stated reason before filing and advise you on how to frame and document it most effectively.

How Far in Advance Should You File?

As a general rule: file as soon as you know you have a conflict. Courts look more favorably on motions filed promptly after the conflict arises, rather than at the last minute. Practical guidance:

• 72+ hours: Ideal. Gives the clerk time to process and notify all parties; leaves time to resolve any procedural issues.
• 48 hours: Still solid. Standard minimum recommended by most NC criminal defense practitioners.
• 24 hours: Possible, but the margin is tight and a same-day hearing leaves no room for corrections.
• Same day: We can attempt it, but it is not guaranteed. Call us immediately at (844) 473-7387 if your date is today or tomorrow.

What Happens If You Just Don't Show Up?

Failing to appear (FTA) in a North Carolina court without an approved continuance triggers a cascade of serious consequences — even for minor charges:

• Failure to Appear entered on your record — an FTA is a separate notation on your criminal and/or DMV record that can affect future hearings and character evaluations
• Arrest warrant issued — the judge may issue an Order for Arrest (OFA) or Bench Warrant, which law enforcement is authorized to execute at any time — including during a routine traffic stop
• License suspension — for any traffic or motor vehicle infraction, NC DMV will automatically suspend your driver's license upon notification of an FTA under N.C. Gen. Stat. § 20-24.1
• Bond forfeiture — if you are out on bond, an FTA can trigger forfeiture of your bail bond

A properly filed and granted Motion for Continuance prevents all of these consequences. The hearing simply moves to a new date — no warrant, no FTA, no license action.

The $350 Flat-Fee Process

ContinueMyCase.com offers a straightforward, four-step process handled entirely online. No courthouse visit required on your part.

The $350 flat fee covers the attorney consultation, drafting, and filing. It does not cover additional representation if you need an attorney at the new hearing date. Contact us to discuss extended representation.