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  1. #1

    Default Motion to Dismiss Under Ohio Law

    I have filed a motion to dismiss on speedy trial grounds.

    The state and court continues to find reasons to delay, and is not responding or moving forward regarding the motion.

    What is the time allowed for the PA / State to respond to the motion to dismiss? 10, 15, 20, 30 or unlimited days?

    In other words, at what point is the judge required to decide the motion in my favor by default because of non-response from the state?

    Thank you.

  2. #2
    Join Date
    Aug 2007
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    3,835

    Default Re: Motion to Dismiss Under Ohio Law

    What charge, felony or misdemeanor. The law states in what time frame a person must be brought to trial for each.

    IF it is outside the statutory requirement, then a more plausible argument can be made!

  3. #3

    Default Re: Motion to Dismiss Under Ohio Law

    The offense is misdemeanor.

    Please advise where to reference time limits.

    Thanks.

  4. #4
    Join Date
    Aug 2007
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    Default Re: Motion to Dismiss Under Ohio Law

    Quote Quoting Defense_ohio_law
    View Post
    The offense is misdemeanor.

    Please advise where to reference time limits.

    Thanks.
    MM or M1-2-3-4?

    Time limits here to trial.

    http://codes.ohio.gov/orc/2945.71

    As said, the case law on these statutes is also important, as NON prejudicial delays may be permitted. You can always bring it up and have the court make a ruling on if your speedy trial right was violated?

  5. #5

    Default Re: Motion to Dismiss Under Ohio Law

    The offense is an M2. I understand the 90 day limit, and the tolling for time.

    If you know of case references that indicate indolence for lack of deciding a motion that would help.

    The motion was made, and the state/court has been sitting on it for more than 30 days. There have been cases where the court has ruled that a 30 days delay for discovery was reasonable and did not toll time for additional days, but I have not found case law, or statues that say a court / state must decide a motion within some "X" period of time.

    The problem then becomes, delay tolling time as a result of my motion. The state can just waste more time without moving the case forward.

    thanks.

  6. #6
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Motion to Dismiss Under Ohio Law

    Quote Quoting Defense_ohio_law
    View Post
    The offense is an M2. I understand the 90 day limit, and the tolling for time.

    If you know of case references that indicate indolence for lack of deciding a motion that would help.

    The problem then becomes, delay tolling time as a result of my motion. The state can just waste more time without moving the case forward.

    thanks.
    Go to a library where they have the ORC, maybe a Main branch. After the subsection in question there will be case law annotations. A summary of court decisions on that section. See if any help.

    IF you want to read any of the cases in whole, you will need to visit a law library for the citation volumes.

  7. #7

    Default Re: Motion to Dismiss Under Ohio Law

    Thanks for the tip BOR. I will look online and try, as you recommend, going to a local library to review the ORC.

    My best to you and yours for the support you offered.

  8. #8
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Motion to Dismiss Under Ohio Law

    You are welcome. I took criminal law as my Major in College, and I "try" to keep up on it.

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