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AttyDort
AttyDort, Litigation Attorney
Category: Criminal Law
Satisfied Customers: 96
Experience:  Criminal and Civil jury trial expeirence; 17 yrs exp in state and federal courts.
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My step daughter has a felony warrant out case filed 1/18

Customer Question

My step daughter has a felony warrant out for a case filed 1/18 2007. the case number ***** ***** I have been tol a serna motion can be filed on this case. Another attorney said that a serna motion is for misdemeanors not felonies, but a Jones Motion is what should be filed for felonies. I can't find anything on the Jones motion. Does that serna motion cover felonies?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AttyDort replied 1 year ago.

A serna motion is a motion to dismiss a case for a failure to provide a speedy trial in a misdemeanor or felony criminal case. It is really a motion based on a violation of the 6th and 14th Amendments to the US constitution and the Art 1, sec 15 of the California State Constitution. It is a denial of due process argument. "Serna" is the name of the most important case that first recognized the motion.

For these motions, you don't really title them "Serna Motion" - that is really just a nick name for a Motion to Dismiss Based Upon Denial of Right to Speedy Trial - which is the proper name that would appear on the document.

I found some great info on the topic for you here: http://www.shouselaw.com/speedy-trial.html

Defendants should not try to do a motion of this type on their own. They are complicated, and timing of certain events in the motion are critical.

Bot***** *****ne, yes, you can do a Serna motion in a felony case. However, the law that would be cited in the felony motion would be different than that in a misdemeanor case, and the timing would be different.

Questions?

Expert:  AttyDort replied 1 year ago.

Serna motions usually do not work in warrant cases. The reasons a person with a warrant is considered a fugitive from the law. By issuing a warrant and declaring a person a fugitive, the courts are actively looking for a person to take them into custody so that a trial can take place. There is not a government delay when there is a warrant.

What county is it? I handle warrant cases often. Usually the best remedy to a warrant is a court appearance by defense attorney or the defendant.

What is the charge that led to the warrant?