Legal Question in Criminal Law in Ohio
my son never signed away his right to a speedy trial, his lawyer tells him that his case is now set back 60 days past his 90 days speedy trial. What can be doe to correct this?
1 Answer from Attorneys
In Ohio, by filing certain motions, your son's speedy trial rights may not have been waived, but the time for taking him to trial is "tolled." "Tolled" means that the days stop being counted for a little while.
For instance, let's say that on a certain offense, the State must bring you to trial in 45 days. But 15 days in, you file a motion to suppress evidence. While that motion is pending, the days that pass don't count toward the remaining 30 days. Once the motion is decided, then the clock starts ticking again and the prosecutor must bring you to trial within the 30 remaining days.
So if your son or the lawyer filed any motions, then that could be the reason that the trial court is able to go beyond the number of days allowable to have the trial.
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