The right to a speedy trial applies to all criminal charges.
You may be aware that under the United States constitution, you have the right to a speedy trial. This right is meant to protect defendants in criminal cases by avoiding lengthy periods of anxiety and possible imprisonment, and to preserve their ability to defend themselves against the charges. But how does this right apply in the DUI context?
If you are charged with driving under the influence of alcohol or drugs (DUI), it is a criminal charge. That means that certain rights automatically attach as you are now a defendant in a criminal case. One such right is the right to a speedy trial — which means that if the case does not move forward, you may be able to have the case dismissed.
Under California law, a misdemeanor DUI charge must be filed within one year of the date of your arrest. Most California DUIs are misdemeanors, which is the less serious criminal charge. For felony DUIs, the prosecutor has three years to file DUI charges against you. There are some exceptions to this rule, such as if your DUI resulted in the death of another person. The state will have additional time to file murder charges if they choose to do so in your case.
In most cases, after you are arrested, the complaint listing the charges against will be filed on time. Then you will receive a notice or summons to appear in court, and the DUI criminal process will begin. A DUI lawyer in Pomona, CA can represent you throughout the criminal case.
However, in some circumstances, your DUI charges may never be filed or you may not ever receive a summons. In that situation, you may be able to file a motion to have your DUI charges dismissed entirely.
A motion is a legal document where you ask the judge to do something, typically through your lawyer. If your speedy trial rights have been violated, your DUI lawyer in Pomona, CA may file a motion to dismiss the charges because your constitutional right to a speedy trial has been violated. This is often called a Serna motion.
Typically, Serna motions are filed when it has been more than a year since your arrest and charges have not been filed or you have not been asked to appear in court. The basis of this motion is your right to a speedy trial under both the United States and California constitutions. The prosecution then has to demonstrate that there was a valid reason for the delay in the process. If the state cannot show this, then the charges may be dismissed by the judge.
If you have been charged with a DUI, you will need an experienced DUI lawyer. In Pomona, CA, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. Our attorneys are highly skilled at defending clients on DUI charges, including in filing motions to dismiss charges based on your constitutional right to a speedy trial. Call or email our office today to schedule a free initial consultation!
