Criminal Law Questions? Ask a Criminal Lawyer.
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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.
What do you mean?
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.
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.
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.
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.
It depends. You want to see what is being offered and what you think is in your best way to proceed.
Yes, I am here
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.