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Tampa Attorney for Right to a Continuance: Protecting Your Defense
The Brancato Law Firm, P.A. | Updated January 19, 2026
When a Tampa court denies your right to adequate time to prepare your defense, the consequences can be devastating. Tampa Criminal Defense Attorney Rocky Brancato and The Brancato Law Firm, P.A. have spent more than 25 years fighting for clients’ rights throughout Hillsborough, Pinellas, and Pasco Counties—including the right to a continuance when circumstances demand it. We don’t just defend against charges; we defend your right to a real defense.
| Key Takeaway: A recent Florida appellate decision, Surratt v. State, No. 2D2023-1077 (Fla. 2d DCA Apr. 16, 2025), reversed a 30-year prison sentence because the trial court wrongly denied a continuance. When critical expert witnesses become unavailable, courts must grant reasonable continuances—or risk reversible error. An experienced Tampa criminal defense attorney knows how to protect these rights and preserve issues for appeal. |
What Happened in Surratt v. State?
In Surratt v. State, Amanda Surratt faced aggravated child abuse charges. Her defense relied entirely on a respected radiology expert prepared to testify that a medical condition—not abuse—caused the child’s injuries. However, just as the trial began, the expert canceled her travel plans due to unforeseen circumstances.
Surratt’s legal team filed a motion asking the court to allow the expert to testify remotely. The judge denied it. When her attorneys asked for a short continuance so the expert could appear in person, the judge denied that request as well. Consequently, without her expert, Surratt had no way to present her defense to the jury. The jury convicted her, and the judge sentenced her to thirty years in prison.
| Appellate Holding: The Second District Court of Appeal reversed the conviction, finding that the trial judge abused his discretion by refusing to grant a continuance when the expert’s testimony was critical to Surratt’s only defense. The court held that denying adequate time to secure essential witnesses violates a defendant’s constitutional right to present a defense. |
Why the Right to a Continuance Matters in Tampa Criminal Cases
The reality is simple: the legal system does not give every defense a fair chance to present its case—unless the defense attorney fights for it at every step. In criminal cases, expert testimony can make or break the defense. Whether it’s a medical expert explaining injuries, a forensic specialist challenging evidence, or a mental health professional testifying about a defendant’s state of mind, experts provide the jury with critical information that can change the outcome.
When a court blocks expert testimony or denies adequate preparation time, it robs the accused of a real defense. Moreover, defense counsel can preserve these errors for appeal—but only if they know how to properly object and document the court’s rulings.
| Warning: You cannot afford to hire a passive or inexperienced attorney. If your lawyer fails to request a continuance when circumstances change, fails to preserve the issue for appeal, or fails to coordinate expert witnesses properly, you may lose your only chance at a fair trial—and your only chance to challenge the conviction later. |
When Florida Courts Should Grant a Continuance
Florida courts have discretion to grant or deny continuances, but that discretion is not unlimited. Specifically, courts must consider the defendant’s constitutional right to present a defense when ruling on continuance motions.
| Factor Courts Consider | What This Means for Your Defense |
| Importance of the Witness | If the witness is critical to your only defense theory, denial may be reversible error |
| Reason for Unavailability | Legitimate reasons (illness, travel emergencies) weigh in favor of granting continuance |
| Length of Delay Requested | Short continuances to secure essential witnesses should generally be granted |
| Prior Continuances | History of delays may weigh against granting; first requests are treated more favorably |
| Prejudice to the State | Courts balance defendant’s rights against prosecution’s interest in timely resolution |
How The Brancato Law Firm Protects Your Right to a Full Defense
When you hire The Brancato Law Firm, you’re hiring a team that treats your defense like our own life is on the line. As a former police academy instructor who trained officers on criminal procedure and courtroom testimony, I understand how courtroom dynamics work—and I know how to navigate unexpected obstacles during trial.
| Our Approach | How It Protects You |
| Early Expert Coordination | We secure qualified experts early, ensure they are prepared, available, and committed to appearing at trial |
| Trial-Ready Preparation | We prepare every case as if it will go to a jury—no shortcuts, no assumptions |
| Aggressive Motion Practice | We file motions for remote testimony, continuances, and preserve all issues for appeal |
| Appeal Preservation | We document everything so if the court makes an error, we are ready to fight on appeal |
| Case Study: Client Hires Brancato Law Firm for Continuance—Discovers Lost Evidence, Avoids Prison A client facing mandatory prison was set for trial with the Public Defender’s Office. He told the judge he needed a continuance to hire private counsel. The judge’s response was clear: have your new lawyer here by the next court date, or the case would be tried or resolved. The client hired The Brancato Law Firm, P.A., and I appeared on his behalf under significant time pressure. After reviewing the file, I moved for a continuance based on critical work that had not been done regarding the undercover operation. The court granted the continuance. I then scheduled a meeting to review the undercover video—only to discover the video had been lost. All that remained were still frames. With the State’s key evidence compromised, we negotiated a resolution that reduced the charges. Result: Charges Reduced, Client Avoided Mandatory Prison. |
Why Tampa Defendants Choose The Brancato Law Firm
| Credential | What It Means for Your Defense |
| 25+ Years Criminal Defense | Deep knowledge of Tampa courts, judges, and procedures in the 13th Judicial Circuit |
| Former Police Academy Instructor | Insider knowledge of courtroom procedure and how to navigate trial obstacles |
| Former Chief Operations Officer, Hillsborough PD Office | Led and mentored a staff of over 100 attorneys handling complex criminal matters |
| Appeal-Ready Practice | We preserve every issue so errors can be corrected on appeal if necessary |
Frequently Asked Questions About Continuances in Florida Criminal Cases
Questions About the Right to a Continuance
A continuance is a postponement of a court proceeding to a later date. In criminal cases, continuances may be requested to secure essential witnesses, obtain additional discovery, or allow adequate time to prepare the defense. Courts have discretion to grant or deny continuances, but must consider the defendant’s constitutional rights.
Yes. Judges have discretion to grant or deny continuances. However, if the denial prevents the defendant from presenting a critical defense—such as expert testimony that is essential to the only defense theory—the denial may constitute an abuse of discretion and reversible error on appeal.
In Surratt v. State, No. 2D2023-1077 (Fla. 2d DCA Apr. 16, 2025), the defendant was convicted of aggravated child abuse and sentenced to 30 years after the trial court denied her request for a continuance to secure her only expert witness. The Second District reversed, holding that the denial was an abuse of discretion that deprived her of a fair trial.
Questions About Expert Witnesses and Trial Strategy
Expert witnesses provide specialized knowledge that helps juries understand complex evidence. In cases involving medical conditions, forensic science, mental health, or technical subjects, expert testimony can be the difference between conviction and acquittal. Without expert testimony, defendants may be unable to challenge the State’s theory.
Immediately inform your attorney so a motion for continuance can be filed. The motion should document the reason for unavailability and explain why the expert’s testimony is critical to the defense. Your attorney should also explore alternatives such as remote testimony if permitted by the court.
Yes, but only if the issue was properly preserved at trial. Your attorney must make the continuance request on the record, state the reasons, and object when the court denies it. If these steps are not taken, the issue may be waived on appeal. This is why having an experienced defense attorney who preserves issues is critical.
Your Defense Deserves a Fighting Chance
Contact Tampa Criminal Defense Attorney Rocky Brancato Today
The stakes are too high to leave anything to chance. Choosing the right defense attorney could mean the difference between prison and freedom. If you need a criminal defense attorney who will fight for your rights at every stage—pretrial, trial, and appeal—we are ready to help.
Every day you wait is a day closer to trial without adequate preparation. Your freedom is at stake.
Call (813) 727-7159 for a Confidential Consultation
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
Serving Hillsborough, Pinellas, and Pasco Counties
25+ Years of Criminal Defense Experience | Former Chief Operations Officer, Hillsborough County Public Defender’s Office
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