Legal Question in Criminal Law in Ohio

Speedy Trial Rights

If a person is on parole,and has been falsely accused of a new crime,and has been in jail for 221 days, Haven't their Speedy Trial Rights been violated? Is he still eligible for what they call 3 for 1?


Asked on 4/23/04, 12:01 am

2 Answers from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: Speedy Trial Rights

There are too many unknown facts to respond fully to this question. The question says that the defendant is on parole and then got charged with a new crime --- and now has been in jail for 221 days. The writer asks if the speedy trial statute still applies.

Even people on parole have a right to a speedy trial for their new offense. For felony offenses, the Ohio speedy trial limit is 270 days. If a person is being held in jail because he did not make bond on his charge -- and for no other reason -- then each day in jail counts as 3 days toward the speedy trial limit.

The problem here is that there a lots of unknown facts. For example, was a parole violation holder placed against the defendant? If so, then the speedy trial clock on the new charge does not start until the parole holder is resolved. Did the defendant waive his speedy trial rights (or did his attorney waive them)? Merely filing a motion can toll the speedy trial limits.

Bottom line, speedy trial issues are very fact specific and cannot easily be answered in an email. If the writer has further questions he or she should contact a local attorney in the County where the criminal charge is pending.

Read more
Answered on 4/23/04, 4:57 pm
Joseph Jacobs Jacobs & Lowder

Re: Speedy Trial Rights

Sounds like his time is about to be up, but the days' counting is very particular. How long was he held on the new crime before his parole holder started. You can call me directly:

Joe Jacobs

216-952-1990 / 216-227-0900

Read more
Answered on 4/23/04, 6:09 pm


Related Questions & Answers

More Criminal Law questions and answers in Ohio