Legal Question in Criminal Law in Ohio

72 hrs charge or release

My husband was arrested on Jan 23, the officers said for obstructing Justice. His bother came to our house around 3am shortly afterward about 10 min. the police knocked on the door and asked the males to come outside which they did, my son, husband and my husband brother. they said a crime had been committed and that someone follow the suspect to my house. they Arrestd my husband and his brother, asked why he let his brother in at that time of morning and said he wasn't complying with them because he kept telling them he didn't know anything about a crime that had happened because he was at home. I've been calling east cleveland police to ask if they have charged my husband and they tells me no that he is under invetigation. This was on the 23rd I called again this morning to find out if a charged has been made they told me again no charge has been filed against him. Then i asked the chief of police and the detective about the 72 hr law that requires one to be charged with a crime or released they told me that because they do not work on the weekends that the 72 hrs dosent start until they get in the office on monday. Is that the correct use of the law? can they hold you over the weekend and start 72 hrs when they get in?


Asked on 1/23/07, 1:30 pm

1 Answer from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: 72 hrs charge or release

The rule is that the police are required to take the arrested person to court as soon as practically possible within 72 hours, once a court is available. East Cleveland is actually known for violating this rule, so get a lawyer. That is how you get people out of jail.

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Answered on 1/23/07, 6:58 pm


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