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  1. #1
    Join Date
    Jan 2012
    Posts
    2

    Default Speedy Trial Dismissal

    State Ohio

    Am looking to inquire about getting my cased dismissed for lack of a speedy trial. I believe the law is that you are guaranteed a trial within 45 days of the arraignment. The arraignment was held on 12/12/2011 and i entered a non guilty plea. There was a hearing on 1/6/12 which i thought was going to be the trial but instead i guess was a pre trial in which the judge went over my discovery request which i filed the day of the arraignment with the prosecutor and I. The judge told the prosecutor to get me the discovery items requested. Another "pre-trial" as stated by the prosecutor was then set for tomorrow 2/10/12. I am yet to receive any of the discovery documents ordered by the judge for the prosecutor to give me and it has been over 45 days since the arraignment. I have been working on a plea bargain with the prosecutor however if i can get the case dismissed i would rather do that than plea guilty to a lesser charge. Do i have grounds for dissmissal due to lack of speedy trial or dissmissal from no discovery? I have read something about suppressing evidence due to lack of discovery and then motioning for dismissal for lack of evidence however if this is once again a pre trial i am not sure if that will work as they will get me the discovery items before the trial. Just looking to see if there is anything that should/can be done in this situation to better my outcome.

    Thanks

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Speedy Trial Dismissal

    What is the charge? The time for dismissal vary depending on what it is. 45 days is only for the lightest of misdemeanors. It could be 60 or even 270 days on other charges.

    The time actually runs from arrest. Provided you didn't do anything in these prior appearances that waived or caused these delays, then you should move to dismiss based on the speedy trial requirement (provided the time indeed has expired).

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