Legal Question in Criminal Law in Ohio
Is there a statute of limitations on drug trafficking in Ohio. For example if the police have a confidential informant make a controlled buy off an individual how long do they have to serve the secret indictment to the accused person.
Asked on 12/02/09, 5:05 pm
1 Answer from Attorneys
Joseph Jacobs
Jacobs & Lowder
There is no brightline rule on this, but if they wait too long, the Defendant can, after being charged, file a Motion to Dismiss the Indictment, based on the unfair prejudice created by the delay....Ohio caselaw has focused on a year as a vague guideline....but it is incumbent upon the police to prove why they waited so long....if you are running from them, then this argument cannot be used...
Answered on 12/09/09, 9:08 pm
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