Legal Question in Criminal Law in Ohio

Criminal Case

I am the defendant in a criminal case for theft from a former employer since Aug 06. I have had 5 new trial dates. Not one time have I seen the plaintiffs and or witnesses there. The prosecutor claims they were there the first time. They were not. We have subpoened bank records and the plaintiffs: and the States witnesses and have yet to receive any bank records or witnesses show up for court. Should the case have means for dismissal? This case has been going on for 6 mo's. At a trial date a month ago we were ready for a week later date given by the judge, but the prosecutor asked for more time to contact his witness. Last week, (my last date of Trial) I was told by my attorney the prosecutor has been too busy to call the (plaintiff) witness. The trial date has been rescheduled for different reasons. Does my case have merit to dismiss?


Asked on 2/27/07, 10:26 am

1 Answer from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: Criminal Case

No. These are not reasons to dismiss a case, and are actually quite common as delay is often used to compel Defendants to take a deal and not go to trial until their speedy trial rights are triggered. Make sure your lawyer is counting the days.

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Answered on 2/27/07, 10:21 pm


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