How long do you have to be in jail before you can file for a speedy trial?

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How long do you have to be in jail before you can file for a speedy trial?

Asked on May 1, 2009 under Criminal Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

You do not indicate whether the charges against you are on the federal or state level. So Il'll answer for both.

Federal - Under the federal Speedy Trial Act a criminal defendant, with certain exceptions, must be tried within 70 days of whichever is later: the indictment or the dedendant's first appearance in court.  

State - With limited exceptions, a defendant should be brought to trial in Ohio within the following time frames:

  • 30 days if the charge is pending in a court not of record or in a court of record if the charge is a minor misdemeanor 
  • 45 days if the charge is a misdemeanor of the third or fourth degree,  or any other misdemeanor for which the maximum penalty is imprisonment of no more than 60 days 
  • 90 days if the charge is a misdemeanor of the first or second degree,  or any other misdemeanor for which the maximum penalty is imprisonment for more than 60 days 
  • 275 days after arrest if the charge is a felony 

(A felony is a crime usually punishable by imprisonment for more than one year. A misdemeanor, on the other hand, is usually punishable by a fine or a year or less of incarceration).

Claiming your rights to a speedy trial can be a complicated issue and legal advice should be sought.  You can get help at www.AttornyPages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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