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The Law Office of Stephen W. Wolf, LLC

26777 Lorain Road Suite 709

North Olmsted, Ohio  44070

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Speedy Trial


You should seek legal counsel regarding waiving your right to a speedy trial!

If in jail, not waiving speedy trial may cut down on your wait for trial.

CALL ME:  440-777-1177


First off, just about anything tolls (stops) the clock

Just about any action stops the speedy trial clock.  Many motions toll time.  That means the clock stops.  For example, I really need to make a motion for discovery.  That tolls time until I receive that material.

Generally, for misdemeanors:

  • 30 days
    • For any charge in a mayor's court (not a court of record)
    • For a minor misdemeanor in any court
  • 45 days
    • Third or fourth degree misdemeanors
    • Unclassified misdemeanors where the maximum imprisonment is not more than sixty days
  • 90 days
    • First or second degree misdemeanors
    • Unclassified misdemeanors where the maximum imprisonment is more than sixty days

Generally, for felonies:

  • Preliminary hearings must be held
    • In ten days if in jail
    • Otherwise, within fifteen days
  • Felonies must be brought to trial within 270 days

If you are charged with a mixture of crimes

If you are charged with a mixture of crimes, the highest level offense becomes the speedy trial time.  So if you are charged with a M1 OVI and a MM traffic offense, you must be brought to trial within 90 days.

If you are in jail

Each day in jail counts as three days against the speedy trial time.  That means you probably don't want to waive time if you are in jail.

So why is it sometimes a good idea to "waive time"

Waiving time means you give up your right to a speedy trial.  The Ohio Supreme Court keeps close track of courts that dismiss cases due to speedy trial violations.  That is a mistake by the court.  For this reason, most courts are very concerned if you do not waive time.  That brings extra attention to your case and may make the court set it quickly.  Besides upsetting the court, I might not have enough time to completely investigate your case.

That being said, when in jail it is rarely a good idea to waive time.  Call me!


The text of Ohio Revised Code 2945.71 -- Time for trial.

(A) Subject to division (D) of this section, a person against whom a charge is pending in a court not of record, or against whom a charge of minor misdemeanor is pending in a court of record, shall be brought to trial within thirty days after the personís arrest or the service of summons.

(B) Subject to division (D) of this section, a person against whom a charge of misdemeanor, other than a minor misdemeanor, is pending in a court of record, shall be brought to trial as follows:

(1) Within forty-five days after the personís arrest or the service of summons, if the offense charged is a misdemeanor of the third or fourth degree, or other misdemeanor for which the maximum penalty is imprisonment for not more than sixty days;

(2) Within ninety days after the personís arrest or the service of summons, if the offense charged is a misdemeanor of the first or second degree, or other misdemeanor for which the maximum penalty is imprisonment for more than sixty days.

(C) 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 personís arrest if the accused is not held in jail in lieu of bail on the pending charge or within ten consecutive days after the personís 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 personís arrest.

(D) A person against whom one or more charges of different degrees, whether felonies, misdemeanors, or combinations of felonies and misdemeanors, all of which arose out of the same act or transaction, are pending shall be brought to trial on all of the charges within the time period required for the highest degree of offense charged, as determined under divisions (A), (B), and (C) of this section.

(E) For purposes of computing time under divisions (A), (B), (C)(2), and (D) of this section, each day during which the accused is held in jail in lieu of bail on the pending charge shall be counted as three days. This division does not apply for purposes of computing time under division (C)(1) of this section.

(F) This section shall not be construed to modify in any way section 2941.401 or sections 2963.30 to 2963.35 of the Revised Code.


Your Interface

The interface between you and your attorney and then the courts will determine how efficient the process of defending you proceeds.  It is vitally important that the communication link between you and your attorney be open as possible.  Much needs to be done.  It must be done efficiently.


Hours

If you need immediate advice, call now.  I will make every effort to either take your call or call you back as soon as I can.

It is not required that you take a day off work to meet with me.  I will make every effort to schedule appointments that work with your schedule.


I serve all of Northeastern Ohio

I serve all of Northeast Ohio's Courts of Common Pleas, including Cuyahoga County Court of Common Pleas, Lorain County Court of Common Pleas, Medina Court of Common Pleas, Summit County Court of Common Pleas, Geauga County Court of Common Pleas, Portage County Court of Common Pleas, Lake County Court of Common Pleas, Erie County Court of Common Pleas, Sandusky County Court of Common Pleas and Huron County Court of Common Pleas.

I serve all of Cuyahoga County's municipal courts, including Bedford Municipal Court, Berea Municipal Court, Cleveland Municipal Court, Cleveland Heights Municipal Court, East Cleveland Municipal Court, Euclid Municipal Court, Garfield Heights Municipal Court, Lakewood Municipal Court, Lyndhurst Municipal Court, Parma Municipal Court, Rocky River Municipal Court, Shaker Heights Municipal Court, and South Euclid Municipal Court.

In Lorain County I serve the Avon Lake Municipal Court, Elyria Municipal Court, Lorain Municipal Court, Oberlin Municipal Court, Vermillion Municipal Court. In Medina County I serve Medina Municipal Court and Wadsworth Municipal Court. In Huron County I serve the Huron Municipal Court, Vermillion Municipal Court and Sandusky Municipal Court.

In Summit County and Portage County I serve the Akron Municipal Court, Barberton Municipal Court, Stow Municipal Court and Portage Municipal Court. In Lake County I serve the Mentor Municipal Court, Painesville Municipal Court and Willoughby Municipal Court. In Geauga County I serve the Chardon Municipal Court.