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?
2 Answers from Attorneys
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.
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
Related Questions & Answers
-
Shooting burglar If a burglar is in my home and I shoot and kill him am I liable? Asked 4/09/04, 10:16 am in United States Ohio Criminal Law
-
What charges can be filed against my son? My 18 year old stepson moved out a year... Asked 4/07/04, 3:37 pm in United States Ohio Criminal Law
-
How do i esponge a theft charge? I would like to know how i go about esponging my... Asked 4/06/04, 12:35 am in United States Ohio Criminal Law
-
Misdemeanor on record How long does a misdemeanor have to stay on your record? What... Asked 4/03/04, 10:28 am in United States Ohio Criminal Law
-
Expungment What are the steps for filing a motion with the court that I was... Asked 3/24/04, 12:26 pm in United States Ohio Criminal Law