Assuming a reasonable man standard applies creating a prima facie arrest of the suspect. Upon being released by the officers the suspect makes every effort to be available to the court but has had no response from the state for a period of almost two years. Could the suspect make a argument of due process violation (Dogget v. United States.)? Would it be strengthened by the fact that a defense would be harmed since the defendant could not remember the names of witnesses as well as being unable to secure footage which could strengthen their ability to defend themselves? As well as showing economic hardship as a result of the effort to make themselves available to the court. This suspect has maintained current addresses held the same job paid taxes kept vehicle registered under their name.
This reeks of a "Sovereign Citizen" engaged in a do-it-yourself project like building a birdhouse at Home Depot on Saturday morning, or worse, a test question. It's not that easy my friend. The suspect may argue whatever he wishes, but without counsel, the suspect is doomed to failure.
Dan Tudor DanetCriminal Defense AttorneyTustin, CA ·
Assuming I read your question correctly, it seems like this is a statute of limitations issue. The suspect was arrested, released, and has waited over 2 years for formal charges to be filed. What kind of offense is it? Misdemeanor or felony? The SOL is typically 1 year for misdemeanors and 3 years for felonies.
Do it yourself and you won't be successful . If arrested on an arrest warrant a Serna motion can be made. Consult experienced criminal defense counsel.
It really depends on the offense. If it was a felony, the two year delay falls within the stature of limitations, so a Serna/Doggett motion would probably fail. If it's a misdemeanor, that's another story.
I've had good results in the past with due process motions, but they are very fact-specific. It's definitely not a DIY project. You'll get better results with an experienced criminal defense attorney; if you can't afford to hire your own, the judge will appoint one from the public defender's office.
