Serna Motion in California – Dismissing Criminal Charges for Trial Delays

REQUEST A Free CONSULTATION

Has Your Case Been Delayed? A Serna Motion Could Get Your Charges Dismissed

If your criminal case in Los Angeles has been sitting without resolution for months or years, you may have a constitutional right to have the charges dismissed entirely. The Sixth Amendment and California Constitution both guarantee the right to a speedy trial, and when prosecutors allow a case to drag on without justification, a Serna Motion challenges that delay and asks the court to dismiss the charges. At The Law Offices of Arash Hashemi, our criminal defense attorney has over 20 years of experience filing Serna Motions in Los Angeles courts and has used this strategy to achieve charge dismissals and significant reductions on behalf of our clients. Contact our office today for a free, confidential consultation.

What Is a Serna Motion?

A Serna Motion — named for the California Supreme Court’s 1985 decision in Serna v. Superior Court — is a pretrial motion arguing that an unreasonable delay in bringing a case to trial has violated the defendant’s constitutional right to a speedy trial. When the motion is granted, the charges are dismissed entirely and cannot be refiled.

The legal basis for a Serna Motion rests on two constitutional provisions. Article I, Section 15 of the California Constitution protects the right to a speedy and public trial. The Sixth Amendment to the U.S. Constitution prohibits excessive delays in criminal prosecutions. When prosecutors delay a case without adequate justification and that delay prejudices the defense, these constitutional protections require dismissal.

How Courts Evaluate a Serna Motion

California courts apply a four-factor balancing test drawn from the U.S. Supreme Court’s decision in Barker v. Wingo (1972)  when evaluating speedy trial claims:

  • The length of the delay: Delays exceeding one year are presumptively prejudicial and trigger full analysis. The longer the delay, the stronger the argument for dismissal.
  • The reason for the delay: Deliberate prosecutorial delay weighs heavily against the government. Negligent delay still counts against the prosecution, though less so than intentional misconduct.
  • Whether the defendant asserted the right: Raising the speedy trial issue promptly through counsel strengthens the motion significantly.
  • Prejudice to the defense: The most critical factor. Lost witnesses, faded memories, destroyed evidence, and the ongoing stress of unresolved charges all constitute cognizable prejudice. In Garcia v. Superior Court (1984), the court held that when a key witness is lost due to delay, the burden shifts to the prosecution to justify the delay.

A Serna Motion does not require proof of every factor. Courts weigh them together, and a sufficiently long delay with documented prejudice to the defense can be dispositive on its own.

A Serna Motion in Action: Murder Charge Dismissed

Our firm’s use of a Serna Motion in a Los Angeles murder case demonstrates what this argument can achieve in practice. Murder Charge Dismissed, Sentence Reduced to Six Years. Our client was charged with murder under Penal Code 187(a) and faced 25 years to life in state prison. The prosecution delayed the case for 24 months without justification. During that period, a key defense witness became unavailable, and the prosecution failed to disclose the witness’s contact information in time, directly impairing the ability to present a self-defense claim that could have resulted in full acquittal. Attorney Hashemi filed a Serna Motion challenging the delay and its impact on the defense. The court acknowledged the prejudice caused by the prosecution’s conduct. The murder charge was dismissed and a plea to voluntary manslaughter under Penal Code 192(a) was reached, resulting in a sentence of six years rather than a potential life term. Superior Court of California, City of Los Angeles.

What Happens If a Serna Motion Is Granted?

A granted Serna Motion results in complete dismissal of the charges. There is no conviction, no jail time, no fines, no probation, and the prosecution cannot refile the charges. The case ends entirely. This is one of the few pretrial motions in California criminal law that can produce a full dismissal with no possibility of the government trying again.

If the motion is denied, the case proceeds to trial. However a documented speedy trial violation does not disappear from the record. Our firm uses the evidence of prosecutorial delay as leverage in plea negotiations, often achieving charge reductions and more favorable plea terms than would otherwise be available. In cases that do proceed to sentencing, a judge’s awareness of how long a defendant has been living under the weight of pending charges can also be a mitigating factor in the sentence imposed.

Either way, filing a Serna Motion is rarely a losing argument. When it succeeds, the case is over. When it does not, it creates pressure on the prosecution and strengthens the overall defense position.

Why Clients in Los Angeles Choose The Law Offices of Arash Hashemi for Serna Motions

A Serna Motion requires more than identifying that a case has been delayed. It requires precise legal analysis of the four Barker factors, thorough documentation of the prejudice caused by the delay, and effective courtroom advocacy. Our firm brings all three.

  • 20 Years of Serna Motion Experience in Los Angeles Courts: Our criminal defense attorney has filed and argued Serna Motions in Los Angeles County for over 20 years, achieving dismissals and charge reductions in cases ranging from drug charges to murder.
  • Thorough Case Analysis from Day One: Our firm analyzes the full timeline of every case immediately, identifies every instance of prosecutorial delay, and documents the prejudice caused before filing the motion.
  • Direct Attorney Access Throughout: Attorney Hashemi handles every case personally from the first consultation through the final resolution. You will never be handed to a junior associate or left without answers at any stage of the process.

Contact a Los Angeles Criminal Defense Attorney About Your Case Today

If your case has been pending for more than a year without resolution, or if prosecutorial delay has cost you access to witnesses or evidence, contact our office immediately. A Serna Motion may be the most powerful tool available in your defense, and time matters — the sooner our firm analyzes your case, the stronger the motion.

Call The Law Offices of Arash Hashemi at (310) 448-1529 or schedule a confidential consultation with Attorney Hashemi using our secure online system. During your free consultation, we will analyze the timeline of your case, evaluate whether a Serna Motion applies, and advise you on the strongest available defense strategy.

Schedule Your Consultation Today

📞 Phone: (310) 448-1529
📅 Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
📧 Email: Contact@hashemilaw.com
🏢 Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
⏰ Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling, including weekend appointments.