What is a Serna motion?

A “Serna motion” is a legal motion to dismiss misdemeanor or felony charges because the defendant was denied their constitutional right to a speedy trial, which violates California’s fast and speedy trial law.

What is waive time?

The defendant can “waive” (give up) the right to a speedy trial. This means he or she agrees to have the trial after the 60-day period (also known as “waiving time”). It is very important for defendants to get advice from an attorney before they “waive time.”

What does motion for speedy trial mean?

One of the most crucial aspects of the Sixth Amendment guarantees you the right to a speedy trial by an impartial jury. Instead, a speedy trial means that the defendant has a right to be brought to trial within a reasonably short time after arrest. Also, the defendant has the right to be tried by a jury of their peers.

What is considered a speedy trial in California?

Penal Code 1382 PC – Speedy Trial Rights & Grounds for Dismissal. Penal Code 1382 PC is the California statute that requires criminal trials to begin within a set time after a defendant’s arraignment. For felony cases, the window is usually 60 days. For misdemeanors and infractions, it is 30 or 45 days.

What is the Romero motion?

A Romero motion is where the defense asks the court to remove or “strike” a prior strike conviction for the purposes of sentencing. If the motion is granted, it significantly reduces the length of a state prison sentence. When California’s highest court issued the much-anticipated People v.

What is a 1538.5 motion?

Los Angeles Criminal Defense Attorneys Protecting Defendants Against Evidence Not Properly Obtained. A Penal Code 1538.5 motion to suppress evidence is a pretrial motion asking the court to exclude evidence obtained by illegal search and seizure.

How long can a trial be delayed?

While there is no hard and fast rule on how long is too long, one rule of thumb is eight months. Courts will generally presume that the delay has been sufficient to satisfy a defendant’s prima facie case of the denial of the right to a speedy trial when eight months have passed.

How long does it take for a felony case to go to trial?

It is not uncommon for felony cases to go on for months or even years in some cases, depending on the complexity or the number of defendants. The bottom line is, anyone charged with a felony should expect their case to take at least several months, and often more than that.

Is it good to have a speedy trial?

The right to a speedy trial serves several important purposes. First, requiring a speedy trial helps to ensure that a defendant does not have to spend an unreasonable amount of time in jail while awaiting charges, particularly when posting a bond is not possible.

What happens if you are not arraigned within 72 hours in California?

If charges are not filed after the 72 hour period following your arrest, you will be released, but the State still reserves the right to file charges later, as long as they file charges within the statute of limitations.

Why are speedy trial motions called Serna motions?

Speedy trial motions protect rights set forth in both the U.S. and the California Constitution. Serna motions are named after the 1985 California Supreme Court case of Serna v. Superior Court. The following example summarizes the facts of that case:

When is a Serna motion filed in California?

Serna motions are also known as “ speedy trial motions .” They are filed as part of the pretrial process under California criminal law. After defense counsel files the motion, the judge holds a hearing to determine whether speedy trial rights have been violated.