A Serna motion is a request to a criminal judge to have the judge order the defendant's criminal case dismissed because of a long delay between the district attorney's filing of the defendant's criminal charges and the actual prosecution of the defendant. This usually occurs where the defendant has an outstanding warrant for years and either did not know about the warrant or the defendant did nothing to evade capture and the district attorney or law enforcement simply failed to bring the defendant to court.

 

A Serna motion, or the dismissal of the defendant's criminal charges, may be granted when the defendant's right to a speedy trial is violated. What constitutes a speedy trial and/or a violation of a right to a speedy trial is determined by the issues brought up in the Serna motion.

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Please excuse our mess on this page as we are presently updating this information to reflect the most current information related to Serna motions (motion to dismiss for violating the defendant's right to a speedy trial). For more information on Serna motions, including samples or Serna Motions (Serna Motion Sample), contact our criminal defense lawyers today. 

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