If you’re facing criminal charges in California, understanding the various legal defenses available to you is crucial. One defense, known as a Serna motion, could be your key to having charges dismissed if your right to a speedy trial has been violated. In this article, we explain what a Serna motion is, how it works, and how our office recently helped a client get two felony cases dismissed using this legal strategy.
What is a Serna Motion in California?
A Serna motion is a legal argument based on the violation of your constitutional right to a speedy trial. Both the U.S. Constitution and the California Constitution guarantee this right. A delay in bringing a defendant to trial without a valid reason can be grounds for dismissing charges. The Serna motion derives its name from the 1985 California Supreme Court case People v. Serna, which established the standard for when such a delay is unconstitutional.
Key Legal Precedents Behind the Serna Motion
The Serna case is not the only legal precedent involved in determining speedy trial violations. Courts also consider U.S. Supreme Court cases such as Barker v. Wingo (1972), which established a balancing test for determining if a delay violates a defendant’s rights. In California, People v. Serna remains a landmark case, but additional rulings continue to shape the application of the motion.
How Does a Serna Motion Work?
When filing a Serna motion, your defense attorney will argue that the delay in prosecuting your case violated your right to a speedy trial. To succeed with a Serna motion, two critical factors must be established:
Unreasonable Delay
The delay between the filing of charges and bringing the case to trial must be deemed “unreasonable.” California courts typically consider a delay of more than one year presumptively prejudicial, but even shorter delays can qualify if the circumstances warrant it.
Prejudice to the Defendant
The defendant must show that the delay harmed their ability to defend against the charges. Prejudice can be demonstrated in various ways, such as the loss of key evidence, witnesses becoming unavailable, or the defendant’s deteriorating ability to recall important details.
In practice, courts balance the reasons for the delay against the harm suffered by the defendant. If the prosecution caused an unreasonable delay with no valid justification, the defendant’s right to a speedy trial may be deemed violated, and charges could be dismissed.
How Can a Serna Motion Result in the Dismissal of Criminal Charges?
A successful Serna motion can lead to the dismissal of both misdemeanor and felony charges. This is because a violation of the defendant’s constitutional right to a speedy trial undermines the fairness of the legal process. When the court finds that a defendant’s rights have been violated, the remedy is to dismiss the charges entirely.
Recent Case: Two Felony Charges Dismissed by Our Office
Our office recently handled a case where we successfully used a Serna motion to dismiss two felony charges that were nearly a decade old. In this case, the prosecution delayed bringing the case to trial for several years, which severely harmed our client’s ability to defend themselves. By filing a Serna motion and demonstrating how the delay prejudiced our client, we convinced the court to dismiss both cases.
This outcome highlights the importance of acting quickly when your constitutional rights are violated. If you are facing charges from years ago, a Serna motion could be a powerful defense.
Who Qualifies for a Serna Motion in California?
If you’ve been charged with a crime in California and the case has been delayed for an extended period, you may qualify to file a Serna motion. This legal remedy is available in both misdemeanor and felony cases, though it is often more effective in felony cases where the stakes are higher.
Typical Scenarios Where a Serna Motion Applies
- Old Felony Charges Resurfacing After Years of Delay: If you were charged with a felony years ago, but the case has stalled or the prosecution didn’t pursue it for an extended period, you might have grounds to file a Serna motion.
- Charges Filed While You Were Out of State or Unaware: If you were unaware of charges against you due to relocation or other reasons, and the case has only resurfaced after years of delay, a Serna motion could be an effective defense.
- Cases Where Evidence or Witnesses Are No Longer Available: If crucial evidence has been lost or witnesses are no longer available because of the delay, this strengthens the argument for prejudice, increasing the likelihood that your motion will succeed.
How to File a Serna Motion and What to Expect
Filing a Serna motion requires the expertise of an experienced criminal defense attorney who understands the intricacies of speedy trial laws in California. Your attorney will gather evidence to show that the delay was unreasonable and that it prejudiced your defense. This could include witness testimony, records showing the delay, and evidence that is now unavailable due to the passage of time.
Once the motion is filed, the court will schedule a hearing to determine whether the prosecution’s delay violated your right to a speedy trial. If the judge finds in your favor, the charges will be dismissed.
The Importance of Legal Representation for Serna Motions
Filing a Serna motion requires deep legal knowledge and the ability to argue complex constitutional issues. Having an experienced criminal defense attorney by your side is essential to successfully navigating this process.
Conclusion: Contact Our Office for Expert Legal Help with Serna Motions
If you or a loved one are facing criminal charges that have been delayed for an extended period, a Serna motion might be the key to getting your case dismissed. Our office has a proven track record of successfully defending clients in Southern California using this and other legal strategies.
Contact us today for a free consultation to discuss how we can help protect your rights and achieve the best possible outcome in your case.
