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What is the right to speedy trial in Ohio?

December 15, 2018

By Kenneth R. Bailey

Each alleged offense an individual faces has a constitutionally guaranteed right to speedy trial. U.S. Const., Amends. VI and XIV; Ohio Const. Art. 1, Sec. 10.

If you are charged with multiple offenses, then speedy trial runs at the rate of the longest speedy trial time. R.C. 2945.71 (D). However, the date of the arrest and serving of summons do not count for purposes of calculating speedy trial. See R.C. 1.14 and Cr. R. 45(A). Additionally, speedy trial will not run while a warrant is pending against the accused.

Ohio’s right to speedy trial is also guaranteed by statute based upon the level of offense with which you were charged. See R.C. 2945.71.

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Time can be waived by a time waiver signed and placed in the record.

Time can be tolled (or stopped from accumulating) based upon many small events, such as a demand for discovery, the filing of a motion, or requesting a pre-trial.

What is Jail Time Credit?

Each day during which the accused is held in jail in lieu of being out on bail must be counted as 3 days for purposes of speedy trial. R.C. 2945.71(E).

It is important to be aware, this 3 for 1 is only for the counting of speedy trial. It has no effect on any calculation of time served.

What happens when a charge is amended or dismissed and re-filed?

If a charge is amended -- even to a lesser charge -- the earlier of the following applies:

  1. The speedy trial time of the original charge
  2. The speedy trial time of the new charge which begins on the date of the filing of the new charge. State v. Kist, 2007-Ohio-4773 (11th Dist.).

If a charge is dismissed, any time that accumulated during the pendency of the first case is preserved and tacked onto any subsequent filing so long as the subsequent filing arose from the same set of facts as the charges that were dismissed. State v. Flynn, 2017-Ohio-1484 (Paulding County, 2017).

A time waiver by defense counsel as to the original charge is not effective as to the subsequent charges arising from the same set of circumstances that are brought subsequent to execution of the time waiver. State v. Wood, 81 Ohio App. 3d 489, 611 N.E.2d 418, 1992 Ohio App. LEXIS 3314 (Ohio Ct. App., Greene County), dismissed, 65 Ohio St.3d 1417, 598 N.E.2d 1168, 1992 Ohio LEXIS 2282 (Ohio 1992). (It’s important in these cases that the state knew of the facts supporting the subsequent charges at the time of the original charging).

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