Serna v. Superior Court (1985) 40 Cal.3d 239 is a California rule allowing dismissal of misdemeanors when the prosecution unreasonably delays bringing charges.
When Serna applies
Generally: misdemeanors where more than 1 year has passed between the alleged offense and arraignment, with no good cause for the delay.
What to prove
(1) Delay, (2) prejudice to the defendant (lost witnesses, faded memory, lost evidence), (3) the prosecution lacks justifying cause.
Why it matters at the bail stage
If Serna applies, defense may not need bail at all — the case can be dismissed at the first hearing. Tell your attorney immediately if charges were filed long after the underlying incident.
Felony equivalent
Felonies have separate speedy trial protections under PC 1382 and the Sixth Amendment.
Bail bonds in the cities covered above
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Jails mentioned in this guide
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Updated October 23, 2026 · Information only — not legal advice. For specific situations call (909) 406-6909.