I was arrested in 2010 for an 11550 first time ever being in trouble and the last , the sentenced me to diversion well my aunt got very sick and I was the only one to take care of her she was on hospice, well I didn't do my diversion and a week before I had to go back to court my aunt passed. The judge continued my case and set another court date. I didn't go back to court, so then I had a FTA I got pulled over last July and the police officer sited me out and he gave me the court date of 9-5-15 so I was under the impression that I was OK until September of 2015 , needless to say I've been pulled over 3 more times by the same cop and nothing. Until last month I got pulled over by a different cop and I have a warrant, so I showed them the original and they sited me again.could I file a sern
If you were on drug diversion pursuant to PC 1000 et seq., you already plead "guilty" to the charge and criminal proceedings were suspended pursuant to PC 1000 et seq., for a minimum period of 18 months at which point the case would either be dismissed upon successful completion of diversion or sentenced for failure to complete. If you had some other type of diversion where there was not a plea of "no contest" or "guilty" involved, then you may have a shot at a Serna/Speedy Trial motion. Best to talk to your lawyer if you had one to see what if anything can be done about the 2010 case. Good Luck!
You could file a Serna Motion by yourself but its not a good idea. Serna motions are complicated and fact specific. You should retain a lawyer to represent you and write the motion for you. Lawyers are trained on how to write motions - what to include and what to exclude. Unless you have a lot of legal training its unlikely you can get it right on your own.
There's lots of good lawyers on AVVO - look for one near your area and contact that person.
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There is nothing to stop you from filing a Serna motion. However, you will be likely the reason the motion is denied. The law is not easy. Sounds easy but many words have specific meanings, not commonly known or used. You can possibly say something and actually mean the direct opposite. My advice is to lawyer up for best results. Best wishes.
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This appears to be a duplicate post. If you want to pretend to be a lawyer, you may file a Cerna Motion. Don't expect to succeed. Retain an attorney if the outcome is important to you.
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
If you plead, you had your "day in court". Serna would not apply to you. It only applies where no conviction has occurred as it is a motion for failure to timely prosecute and bring defendant to trial.
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