Due Process

[Pockets216]

The amount of time the courts has to bring an individual to trial. Question: is there a law that says a defendants must be brought to trial within 90 days from date of indictment?

 

[army judge]

The amount of time the courts has to bring an individual to trial. Question: is there a law that says a defendants must be brought to trial within 90 days from date of indictment?

In some states there are laws called "speedy trial acts".

Those laws (also state constitutional provisions) require the trial to be started within a statutory time limit.

The shirt answer, yes in some states, if the defense requests it.

Texas has such protections, consitutionally.

I believe it is 90 days in Texas.

I'll check and let you know specifics when I get back to my office.

The federal system also has the same requirement.

Again, I think it, too; is also 90 days.

 

[JustWantJustice]

I think that goes out the window if you do anything to continue it, even if you're asking for the court to give you an attorney. In other words, if YOU delay at ALL, you don't have that right. I dont' think they take this very seriously.

 

[army judge]

Yes, Ohio does have a speedy trial act.

Ohio's speedy trial rights can be found in O.R.C. 2945.71 and O.R.C. 2941.401.

These statutes set forth the time parameters within which a defendant must be brought to trial.

If a specific offense is a felony or a misdemeanor, that is important in determining how fast one must be tried.

The case must be brought into court, ranging from 30 days for minor misdemeanors, and no later than 275 days for felonies.

As far as statutory speedy trial purposes goes, the highest level offense for which a defendant is charged determines the precise time required before trial.

If you are charged with two felonies, then it is 275 days.

If you charged with a felony and a misdemeanor, it will still be 275 days.

If it is only a minor misdemeanor, then it is 30 days.

As you might imagine, Ohio uses a sliding scale.

Bottom line, it up to 275 days, but can be as low as 30 days.

 

[Pockets216]

Thanks to all that responded, this info was very helpful!

 

[helenk579]

In some states there are laws called "speedy trial acts".

Those laws (also state constitutional provisions) require the trial to be started within a statutory time limit.

The shirt answer, yes in some states, if the defense requests it.

Texas has such protections, consitutionally.

I believe it is 90 days in Texas.

I'll check and let you know specifics when I get back to my office.

The federal system also has the same requirement.

Again, I think it, too; is also 90 days.

I also think so.