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.Ĭonsulting 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. Serna, which can be filed to dismiss criminal charges based on the violation of your right to a speedy trial. One such option is a Serna Motion, named after the case of People v. 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.īy applying a Serna motion, individuals can challenge delays in their trial based on these constitutional rights.ĭiscovering an old criminal case in warrant status can be alarming, but there are legal avenues you can explore to potentially resolve the situation. ![]() 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. Prosecution’s justification for the delay Under the California Constitution, the judge evaluates solely:Īctual prejudice experienced as a result of the delay Prejudice suffered due to violation of the speedy trial right.Assertion of defendant’s right to a speedy trial. ![]() To successfully obtain a Serna motion under the United States Constitution, the following factors are considered: When would a Serna Motion apply to my case?Ī 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.
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