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 15 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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