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 12 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


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