Serna Motion to Dismiss for Speedy Trial Violation Granted!
Our client was cited to appear in San Bernardino Superior Court for a DUI. She appeared at the arraignment by herself; but the District Attorney had not filed her complaint. Time went by, she kept the same address and was also pregnant and gave birth to her son and didn't go back to court. She went to different attorneys who without looking at her case wanted to charge her a lot of money to handle her warrant. We took her case and filed a Serna Motion to dismiss for violation of her right to a speedy trial.
The District Attorney filed their opposition alleging that she shouldn't benefit from her missing her court appearance. However, the police had access and plenty of time to arrest her and bring her to court.
The Court granted our Serna Motion over the District Attorney's opposition. Our client could not believe this result and had happy tears.
If you have a citation or an arrest that is old and you have not appeared in court, give us a call!
Practice area(s): Criminal Defense
Court: San Bernardino Superior Court