speedy trial dismissal

[davedude44]

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

 

[asiny]

Do i have grounds for dissmissal due to lack of speedy trial...

You can certainly request it in court.

I have read something about suppressing evidence due to lack of discovery

No. You would motion to suppress based on evidence already presented.. not based on what has not been presented.

...and then motioning for dismissal for lack of evidence

This part would be correct- you can request it in court.

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.

Again.. you can request the motion. The fact that the prosecutors office is going to trial- yet has not gotten anything together as per your discovery request, may not be in their favour.

Just looking to see if there is anything that should/can be done in this situation to better my outcome.

All of the above really weighs, also, on what you are being charged with.

 

[FlyingRon]

It runs from the date of arrest not arraignment.

It may not be 45 days, it could be 60 or 270 even depending on the charge.

If you haven't done anything to delay the proceedings and the time really has expired, you must move to dismiss and it should be honored.

Ohio case decisions are pretty clear. You either have to ask for the continuance or do something that delays the trial. You neither have to demand the speedy trial nor do you have to show any disability caused by delay. It's a strict requirement.

 

[FlyingRon]

The defendants request for discovery should NOT cause him to waive his speedy trial rights in Ohio. They construe it pretty strictly.