Hello and thank you for taking the question. Can a Serna motion be filed after my ineffective council failed to notice my case was disposed and vacated for speedy trial violations I am guessing, or failure to prosecute? This lawyer filed no motions, and even with false charges from a jealous ex of mine, he never got my evidence into prelim. My ex is friends with one of the ADA’s and the Attorney General. He allowed them to refile without my knowing. I was not served with any new papers. This was after having been arrested a year earlier,for the same offense, and the d.a. opted not to press charges, pending “futher investigation,” which was never conducted. I’m now into the fourth year of this hell that has ruined my physical and mental health, my reputation, my ability to work…. After the third Christmas dealing with this, following my wife’s death, my sdaughter urged me to take the plea, involving no jail. I declined every prior plea, as I am innocent. I know everyone says this but I went 55 years as a tax payer, math teacher, with absolutely no criminal record. My daughter missed her mom and I was not there to help her emotionally. My private attorney was awful. I still have a “victim” restitution hearing (10 months it has taken,) and now they jacked it up to 10 grand, when I signed no Harvey waiver. My lawyer told me the morning of the recent restitution hearing not to go , but I did. He was not there, but the prosecution was, finally ready. The judge permitted me time to get a p.d. because most of my money is gone now too Please advise. Thanks again for reading, Max
November 1, 2017