Continuances by operation of law can be based on which situation?

• A. A defendant has not been arrested.
• B. The defendant is on misdemeanor probation.
• C. The defendant has confessed to the crime.
• D. The case has already proceeded to trial.

Answer: (A)

Continuances by operation of law are automatic delays created by the law itself when an essential condition for proceeding isn’t present. The clearest example is when a defendant has not been arrested; without arrest there is no defendant to try, so the case must be postponed by operation of law until arrest occurs. Other situations—such as the defendant being on misdemeanor probation, a confession, or the case already having gone to trial—do not automatically trigger a legal pause in the proceedings. Probation status or a confession may influence later steps, and once trial has begun the proceeding isn’t paused by operation of law in the same automatic way.