Who has the authority to grant continuances during a preliminary hearing?

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The presiding judge has the authority to grant continuances during a preliminary hearing. This is due to the judge's role in overseeing court proceedings, managing the schedule, and ensuring that legal protocols are followed. A continuance is a request to postpone a hearing or trial to a later date, and typically, such decisions involve considerations about the availability of evidence, witnesses, and the rights of the defendants. Since the judge is responsible for maintaining order and fairness in the courtroom, it falls within their discretion to grant or deny requests for continuances based on the specifics of the case and the reasons presented by the parties involved.

The options that do not hold this authority, such as the defendants, the state attorney, and the attorney general, represent roles focused on advocacy and prosecution rather than judicial decision-making. These officials may request a continuance, but it is ultimately up to the presiding judge to assess the merits of such a request and decide whether it will be granted.

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