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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 26797
Experience:  10+ years defending Misdemeanor and Felony cases.
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I have court today and was just nervous about filing a serna

Customer Question

I have court today and was just nervous about filing a serna motion
JA: Since laws vary from place to place, what state is this in?
Customer: My bench warrant for a FTA is well over a year so i think i have a good chance
JA: Have you talked to a lawyer yet?
Customer: California
JA: Anything else you think the lawyer should know?
Customer: Well i showed up to court a few months ago and the courts never brought up this bench warrant
Submitted: 10 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 10 months ago.

Good morning. Can you share with me what your question is?

Customer: replied 10 months ago.
i wanted to know what my chances are of getting my case dismissed.
Customer: replied 10 months ago.
Im going to court today for a Failure to appear bench warrant for a traffic violation.
Customer: replied 10 months ago.
I've read up on Serna motion and was wondering what are my chances of getting my case dismissed if i file one?
Customer: replied 10 months ago.
Hello?
Expert:  CrimDefense replied 10 months ago.

Thank you for the reply. Allow me a moment to respond

Expert:  CrimDefense replied 10 months ago.

A Serna Motion is a motion to dismiss a criminal case for lack of speedy trial or prosecution. However, when this happens as a result of a bench warrant being issued for the defendants failure to appear or when the defendant does not request it, then it will not be granted. Now, if the case is old, then it may help you as the police or victim may not still be around or recollect, so the State may not be able to proceed.

Customer: replied 10 months ago.
How old does it have to be?
Expert:  CrimDefense replied 10 months ago.

What do you mean?

Customer: replied 10 months ago.
How old does the case have to be before it is considered old?
Expert:  CrimDefense replied 10 months ago.

There is no set time. When a case gets old, there is a chance that the police officer(s) may have retired and can not be found so will not appear to testify or the victim loses interest or can not be found either. As such, it can help the defendant because at the time of trial, the State may not have a key witness or party who needs to appear to testify, to help prove their case.

Customer: replied 10 months ago.
how should i proceed?
Expert:  CrimDefense replied 10 months ago.

In a situation like this, the defendant wants to try and resolve the pending warrant. They want to advise the Judge of why they failed to appear and present good cause, to show it was not intentional. In addition, they want to advise the Judge that they want to resolve this, either with a plea or at trial and ask that the case be set for hearing, so it can move along.

Customer: replied 10 months ago.
the Filing of a Serna motion is not a good idea?
Customer: replied 10 months ago.
Ive already went to court for a similar case a few months ago, i was fined 900 bucks.
Customer: replied 10 months ago.
I saw a Judge months ago and he never brought up this old bench warrant from a year ago.
Expert:  CrimDefense replied 10 months ago.

I think that it will be denied and is not applicable, since there is a warrant. Had you be charged and arrested and nothing happened, then it would be valid but if you failed to appeared, it would not allow you to seek a dismissal, since it was you who failed to be in court when ordered and a party can not benefit from their own mistake or wrongdoing. Thank you again and please let me know if there is anything else. If not, please just remember to kindly rate my help at the top, so the site will give me the proper credit for my help.

Customer: replied 10 months ago.
I appeared before court previously though and nothing happened...I plead guilty
Customer: replied 10 months ago.
for a previous case.
Customer: replied 10 months ago.
This was a few months ago.
Expert:  CrimDefense replied 10 months ago.

Yes, it may be the same outcome. The court wants this resolved. They want fees/fines paid and the case closed out and it answered to. If you can do that, then it can be resolved.

Customer: replied 10 months ago.
my best chance is to just plead guilty?
Expert:  CrimDefense replied 10 months ago.

It depends. You want to see what is being offered and what you think is in your best way to proceed.

Customer: replied 10 months ago.
Should i make a plea in front of the traffic court judge ir a real judge since im being charged for a criminal misdeameanr?
Customer: replied 10 months ago.
Are you a Lawyer in California?
Customer: replied 10 months ago.
Hello???
Expert:  CrimDefense replied 10 months ago.

Yes, I am here

Expert:  CrimDefense replied 10 months ago.

If you can resolve the entire case when you appear, you may want to do it, if you think it is in your best interest and so that you do not have to come back a second time.