October 8, 2007 By Wallin & Klarich

There are several timeline restrictions which law enforcement must abide by. These include the statue of limitations, Serna motions, and your constitutional right to a speedy trial. Each of these restrictions deal with a different part of the criminal process. If law enforcement fails to do their part within the necessary time frame, your case may be dismissed despite the amount of evidence against you.

The statue of Limitations deals with the time gap between the date of the incident and when charges are actually filed. Law enforcement must file charges within 1 to 3 years depending on a number of factors including whether your case has been filed as a misdemeanor or felony. There are also a number of other considerations such as whether or not new evidence has been discovered.

A Serna motion deals with the gap of time between the date charges are filed and the date you are arraigned. If more than a year has passed between these dates, your case may be dismissed. Once again dismissal will be based on a number of factors including the length of the delay, the reason for the delay, whether or not you asserted your right, and whether or not your case has been prejudiced by the delay.

The right to a speedy/public jury trial is a constitutional right. It states that any criminal defendant has a right to a jury trial within 30 days if they are incarcerated or 45 days if they are not incarcerated. There are many benefits to waiving this right and sometimes it will be more favorable to your case to do so.

Timeline restrictions are very complicated and require a skilled attorney who knows what they are doing.

If done correctly the assertion of any of these rights may lead to a dismissal of your case despite the amount of evidence against you. Feel free to contact one of our lawyers to discuss your case.

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