Legal Question in Criminal Law in Ohio
attorney waived time
My fiance is facing felonious assault charges. he was indicted on 11.24.2003. The original trial was scheduled for 03.11.2004. It is my understanding that the prosecutor has 90 days from date of indictment to go to trial. Now the trial is scheduled for 04.21.2004 because our attorney waived time. I have two questions. 1. Can an attorney waive time without consulting with his client? 2. Can the attorney withdraw the waiver due to the original trial being scheduled past the ninety days? thank you in advance for your time.
1 Answer from Attorneys
Re: attorney waived time
All of this depends on whether the Defendant is in jail. If he's out he actually has 270 days to trial. You can take back the waiver of speedy trial rights, but you have to file something.
Call me directly if you want:
Joe Jacobs
216-952-1990 / 216-227-0900
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