What is Serna Motion?

A Serna motion, also known as a motion to dismiss, is a legal filing made by your attorney in order to have your criminal case dropped. This motion is typically submitted and argued when there has been a violation of your constitutional right to a speedy trial. Generally, an individual has the right to a timely jury trial following their arrest, the filing of charges, or if there is a holding order following a preliminary hearing. Serna motions are usually filed during the Pretrial stage of your case, where you argue that your case should be dismissed due to a significant delay.

When would a Serna Motion apply to my case?

A Serna motion is a legal procedure that relies on two separate speedy trial rights: one established by the United States Constitution and the other by the California Constitution.

To successfully obtain a Serna motion under the United States Constitution, the following factors are considered:

• Length of the delay
• Reason for the delay
• Assertion of defendant’s right to a speedy trial
• Prejudice suffered due to violation of the speedy trial right

Under the California Constitution, the judge evaluates solely:

Actual prejudice experienced as a result of the delay
Prosecution’s justification for the delay

The primary difference lies in the requirement that a State Serna motion must demonstrate prejudice suffered, regardless of the length and justification of the delay. In contrast, the United States Constitution presumes prejudice based on the length of the delay, eliminating the need to prove specific harm to obtain a remedy.

By applying a Serna motion, individuals can challenge delays in their trial based on these constitutional rights.

When do my Speedy Trial Rights begin to become violated?

Under the United States Constitution, the right to a speedy trial “attaches” based on whether the charge is a misdemeanor or a felony. For misdemeanor charges, the right attaches either when a formal complaint is filed in Court or when you are arrested and released from jail with some restriction. However, for felony cases, the right attaches after you are arrested, but there must also be a holding order after a Preliminary Hearing or an Information filed. It is important to note that a felony complaint does not start the clock for a speedy trial under the United States Constitution.

On the other hand, under California State Law, the right to a speedy trial attaches to the date any complaint or charging document is filed against you, or an arrest with a restraint, whichever occurs first. Unlike the United States Constitution, there is no distinction between felony and misdemeanor complaints under California State Law.

What happens if my Serna Motion is granted?

A successful Serna motion results in the dismissal of your criminal case. This means that your speedy trial rights were violated, prompting the Judge to dismiss your case based on that violation. Learn more about how a successful Serna motion can lead to the dismissal of your criminal case.

Conclusion

Discovering an old criminal case in warrant status can be alarming, but there are legal avenues you can explore to potentially resolve the situation. One such option is a Serna Motion, named after the case of People v. Serna, which can be filed to dismiss criminal charges based on the violation of your right to a speedy trial. If significant time has passed since the alleged offense and your case has been neglected, this motion argues that the delay has prejudiced your ability to defend yourself, and therefore, the case should be dismissed.

Consulting with a knowledgeable Ontario Criminal Defense Attorney is essential to understand the intricacies of a Serna Motion and to assess its viability in your specific situation. An experienced attorney can guide you through the process, help draft a compelling motion, and provide effective argumentation in court. The goal is to resolve your old criminal case favorably, ideally resulting in dismissal and avoiding a criminal conviction.

At Inland Empire Criminal Defense, we specialize in a wide range of criminal defense strategies, including the preparation and presentation of Serna Motions. We understand how an old case in warrant status can hang over your head, affecting your peace of mind and future prospects. Our team is committed to providing thorough, effective legal representation, ensuring that your rights are protected and working towards the best possible outcome for your case.

If you’ve discovered an old criminal case in warrant status and are considering a Serna Motion or simply need more information about your rights and options, please don’t hesitate to reach out to us. Contact Inland Empire Criminal Defense at 909-939-7126 for assistance. Our knowledgeable team is here to support and guide you through every step of the process.