The Sixth Amendment to the United States Constitution provides those individuals that have been accused of a crime with the right to a "speedy trial." The Ohio Legislature codified this right with Ohio Revised Code Section 2945.70, entitled "Time for Trial." The relevant portion of Section 2945.70 provides:
A person against whom a charge of felony is pending:
(1) Notwithstanding any provisions to the contrary in Criminal Rule 5(B),
shall be accorded a preliminary hearing within fifteen consecutive days
after the person's arrest if the accused is not held in jail in lieu
of bail on the pending charge or within ten consecutive days after the
person's arrest if the accused is held in jail in lieu of bail on
the pending charge;
(2) Shall be brought to trial within two hundred seventy days after the
person's arrest.
This means that, when an individual is arrested on
felony charges, he must be given either a preliminary hearing or be indicted within ten
days of his arrest if he's held in jail or fifteen days if he's
not held in jail.
Generally, the Court sets a grand jury date, where the person would be
indicted, within a week from the arrest date. However, it is becoming
more common for Courts to set these dates and then move them back if they
become too busy. This practice is not a problem as long as the defendant
is indicted or provided a preliminary hearing within the time frame set forth in
Section 2945.70. However, recently, the grand jury or preliminary hearing date is often
set more than two weeks from the defendant's date of arrest. This
means that, on a regular basis, Courts are violating the speedy trial
rights afforded to criminal defendants by
Section 2945.70. Further, most Ohio attorneys are either unaware of the problem or too
busy to do anything about it.
The experienced attorneys of
DiCaudo, Pitchford & Yoder have not been content to let the Courts deprive their clients of their
constitutional rights, leading the charge to protect the
speedy trial rights of felony defendants.
DiCaudo, Pitchford & Yoder is one of the only firms in Northeast Ohio that has recognized this problem
and is taking steps to combat it.
DiCaudo, Pitchford & Yoder has helped a number of defendants get the felony charges against them
dismissed because the Court failed to provide them with their basic constitutional rights.
If you have been charged with a felony in Ohio, a knowledgeable
Criminal Attorney from
DiCaudo, Pitchford & Yoder may be able to get your case dismissed. For legal advice or information,
contact an experienced
Criminal Attorney from
DiCaudo, Pitchford & Yoder today.
