In California, the Serna motion, also known as the speedy trial motion, is a powerful legal tool that empowers you to dismiss misdemeanor or felony charges. This motion is rooted in the violation of the constitutional right to a speedy trial, a fundamental protection under the law that gives you a significant say in your legal proceedings.
One of the key reasons for the existence of laws ensuring a speedy trial is to prevent potential prejudice to your case. A timely trial can prevent fading memories of witnesses and the loss or destruction of crucial evidence, significantly affecting the outcome of your case. This underscores the importance of a speedy trial in ensuring a fair and just legal process, providing you with the reassurance that your rights are being upheld.
Any reasons for a delay in having your trial must be significant, such as the unavailability of a key witness or the need for additional time to prepare a defense, and not caused by your behavior.
As a resident of California, you have a clear and unassailable right to a speedy trial. In misdemeanor cases, this right guarantees a trial within 45 days of being charged if you are not in custody, and within 30 days if you are. For felony charges, you have the right to a trial within 60 days.
A “Serna” motion, or “speedy trial motion,” got its name after the 1985 California Supreme Court decision in Serna v. Superior Court. The court made a ruling in this case that an unjustified delay can violate a defendant's Constitutional rights to a speedy trial, and it can provide grounds for dismissing the criminal charges.
Serna motions are often complicated and need to be prepared by an experienced criminal defense lawyer who understands when speedy trial rights begin.
Steps in the Case Process
The right to a speedy trial is the legal right to have a jury trial reasonably fast after one of the following steps in the criminal case process:
- Date of arrest;
- Filing of criminal charges or indictment;
- Being held over to answer for charges after the preliminary hearing.
If your right to a speedy trial has been denied, your defense attorney, who is well-versed in the Serna motion process, plays a pivotal role. They can file a motion requesting the judge to dismiss your charges, ensuring your rights are protected.
This underscores the crucial role of your defense attorney in safeguarding your rights and ensuring a fair legal process. Your defense attorney is your advocate in the legal system, representing your interests and ensuring that your rights are upheld throughout the legal process, providing you with a sense of security and support during this challenging time.
This motion claims that you were denied a constitutional right to a speedy trial, which violates the California Constitution and the Sixth Amendment to the United States Constitution.
California Penal Code 1382 PC
Penal Code 1382 PC requires criminal trials to begin within a certain time frame after the arraignment. Consider the following:
- Felony cases. On a California felony charge, a prosecutor must get the defendant to trial within 60 days of their arraignment or indictment unless they can show good cause for a delay.
- Misdemeanor cases. The time frame for most misdemeanor charges is 30 or 45 days, and a defendant is normally released and told to appear at a future court date.
There are situations where a defendant will sign a written promise to appear for their court arraignment. In other cases, a prosecutor will mail a letter to a defendant about their arraignment date or even file their case as an arrest warrant.
This type of action will allow police to arrest and detain them and then bring them to the criminal court. If there was an unreasonable delay in bringing the defendant to trial, a Serna motion can be filed with the court in order to determine if your rights were violated.
Next, the judge will hold a hearing where evidence for a speedy trial is presented. If the judge rules in favor of the defendant, their criminal charges will be dismissed, and they will be released from custody if applicable.
This dismissal is a significant outcome that can greatly impact the case and potentially end the legal proceedings against you.
If the Serna motion is successful, it can result in a complete dismissal of your charges, effectively ending the legal proceedings against you.
Legal Justifications for a Speedy Trial
There is a wide range of legal justifications for a defendant's right to a speedy trial, including:
- To avoid an unfair, lengthy time in jail;
- To protect their ability to defend themselves;
- To minimize the defendant's anxiety while waiting to resolve their case;
- To ensure the defendant's constitutional right to a speedy trial;
- To ensure proper use of legal resources.
It should be noted that defendants have the right to waive their constitutional rights to a speedy trial. For example, a defendant might choose to waive their right to a speedy trial if they need more time to prepare their defense or if they believe that a delay could work in their favor by allowing evidence to deteriorate or witnesses to forget details.
When Do Speedy Trial Rights Start?
According to Article I, Section 15 of the California Constitution, a defendant's right to a speedy trial either begins at the date of arrest, if followed by continued restraint, or the date of the filing of a complaint.
For a Serna motion to dismiss, the judge will consider three main factors in order to decide whether a defendant's speedy trial rights were violated:
- Length of the delay:
- Justification for the delay, and
- The extent of the delay adversely affected the defendant's interest.
Prejudice is not presumed if there is a long delay; rather, a defendant has to show that the delay caused some type of harm. If it can be proven that a prosecutor violated a defendant's speedy trial rights, then the criminal charges must be dismissed, a significant outcome that can greatly impact the case.
If the Serna motion is unsuccessful, then a defendant could still appeal the decision through the California criminal appeals process.
Speedy Trials and Federal Law
Based on the Sixth Amendment to the US Constitution, the clock starts on a misdemeanor case after the filing of a complaint or the date of arrest and restraint. In a felony case, the clock starts after the arrest, a holding order is issued for a preliminary hearing, or an indictment has been filed.
Under federal law on speedy trials, a felony complaint doesn't start the clock running until an actual indictment is filed.
Once a speedy trial motion has been filed under the US Constitution, the judge will then need to decide whether the trial delay was unreasonable under the Sixth Amendment based on the following:
- The length of the delay,
- The prosecution's reasons for the delay,
- If an effort was made during the delay to speed up the process, and
- If there was prejudice against you because of the delay.
The two most crucial factors considered by a judge in a federal Serna motion are the specific reasons why the prosecutor delayed bringing you to trial and the degree of prejudice, commonly known as “harm” to a defendant.
Defense for a Speedy Trial Motion
If you want to discuss your case and how a speedy trial motion could be relevant, contact our California criminal defense lawyers. We will review the details of your case and provide you with the best legal options. This underscores the importance of seeking legal representation to navigate the complexities of the legal system and protect your rights.
Your legal rights regarding a speedy trial motion can become complex, and our attorneys will need to review every detail of the case closely. If you were arrested for any type of crime, we will review the information and provide legal advice.
We serve clients throughout Southern California, including Orange County, Ventura County, Riverside, Santa Barbara County, San Bernardino, and the San Fernando Valley. Cron, Israels & Stark is a top-rated criminal defense law firm located in Los Angeles, CA.
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