The length of time it takes to get your case to court does make a difference. If you don’t have your case get to trial as soon as reasonably possible, you might qualify for dismissal. Since this area of the law is very difficult to navigate, you should have a defense lawyer who understands the finer points of the law and if you need a Serna motion filed for a failure to get a speedy trial.
Why a Speedy Trial Matters
The California Constitution, under Article 1 Section 15, guarantees you the right to a speedy trial. The United States Constitution also guarantees your right to a fast trial after arrest. If your case drags on or your court date keeps getting put off too long without reason, you could qualify for a case dismissal through a Serna motion.
What Is a Serna Motion and How Does It Impact Your Case?
The Serna motion is a petition from your defense attorney to the court requesting the dismissal of your case. This motion indicates the delay violated your constitutional right to a speedy trial. If filed and successfully accepted, you may not have to go to court for your charges.
The Serna motion name refers to the California Supreme Court case in 1985 of Serna vs. the People. In its ruling, the California Supreme Court indicated that a defendant did not need to prove prejudice from the court they were tried within to file for a dismissal due to trial delays. In the Serna case, the delay was four years, which the California Supreme Court found bore the presumption of prejudice. They also concluded that most trial delays of more than a year for a misdemeanor can be dismissed.
How Can You Tell If Your Trial Qualifies for Dismissal for Not Being a Speedy Trial?
Whether a judge can dismiss your case for not being speedy enough depends on several factors. Therefore, you should talk to a qualified defense lawyer to get the best legal advice for the circumstances of your case. Plus, only your attorney can file a Serna motion on your behalf if they think you could qualify for dismissal.
Partner with a Professional Orange County Defense Attorney in Court to Ensure Your Right to a Speedy Trial
The only way to have your case dismissed for not being speedy enough is by having a defense lawyer file a Serna motion. Therefore, you need to have someone representing you in court who will always have your best interests and rights in mind. Contact Steven K. Bloom for assistance with your case. You deserve good defense in court.
Sources
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CONS&article=I
https://law.justia.com/cases/california/supreme-court/3d/40/239.html
https://www.lexisnexis.com/community/casebrief/p/casebrief-serna-v-superior-court
