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Waiver of right to a speedy trial

FedUp47

Junior Member
#1
What is the name of your state (only U.S. law)? Ohio

If someone waives their right to a speedy trial, is there still some kind of time limit that the trial must happen in?
 


quincy

Senior Member
#3
What is the name of your state (only U.S. law)? Ohio

If someone waives their right to a speedy trial, is there still some kind of time limit that the trial must happen in?
A defendant waives his right to a speedy trial in writing. The waiver form is signed by the defendant, showing his consent to a delay in the trial from X date to X date (with the X dates specified).

Here is a link to the times in Ohio within which a case must go to trial if the right to a speedy trial is not waived:

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

The time for a speedy trial depends on the offense.
 
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FedUp47

Junior Member
#4
That will be a great question for your attorney.
I should have given a little background. My son was stabbed back in September of last year. The person who stabbed him had an outstanding warrant in one county (he stabbed my son in a different county). He was on the run for 38 days before they finally arrested him in the same county he had the warrant in (which led to several other charges including breaking and entering, theft, obstruction, resisting arrest, assault of an officer, etc). He is being charged with felonious assault and attempted murder in the county we live in (where the stabbing occurred). Because he has been held without bond in the other county, my county can't do anything about the stabbing case until the other county is finished with him. Three times now, there has been a jury trial scheduled in the other county, and all three times the jury trial has been cancelled and pushed out - it is currently scheduled for April. When I look up his cases on the county court website, all three times the trial has been cancelled and rescheduled, there is an entry that says "Waiver of right to speedy trial filed".

He has been offered two plea agreements, and has turned them both down. We feel that he is dragging this case out as long as possible because he knows he is facing attempted murder charges in our county. My son and I would just like to know how long this guy can keep waiving his right to a speedy trial. My son has healed physically, but mentally and emotionally he's still struggling. He wants some kind of closure, he wants justice.
 

Zigner

Senior Member
#5
I should have given a little background. My son was stabbed back in September of last year. The person who stabbed him had an outstanding warrant in one county (he stabbed my son in a different county). He was on the run for 38 days before they finally arrested him in the same county he had the warrant in (which led to several other charges including breaking and entering, theft, obstruction, resisting arrest, assault of an officer, etc). He is being charged with felonious assault and attempted murder in the county we live in (where the stabbing occurred). Because he has been held without bond in the other county, my county can't do anything about the stabbing case until the other county is finished with him. Three times now, there has been a jury trial scheduled in the other county, and all three times the jury trial has been cancelled and pushed out - it is currently scheduled for April. When I look up his cases on the county court website, all three times the trial has been cancelled and rescheduled, there is an entry that says "Waiver of right to speedy trial filed".

He has been offered two plea agreements, and has turned them both down. We feel that he is dragging this case out as long as possible because he knows he is facing attempted murder charges in our county. My son and I would just like to know how long this guy can keep waiving his right to a speedy trial. My son has healed physically, but mentally and emotionally he's still struggling. He wants some kind of closure, he wants justice.
Yes, clarification was and is important. In this case, there's really no way we could guess at what's going on. Keep pressuring your local prosecutor about this...and see if you can contact the prosecutor in the other county, too.
 

quincy

Senior Member
#6
I should have given a little background. My son was stabbed back in September of last year. The person who stabbed him had an outstanding warrant in one county (he stabbed my son in a different county). He was on the run for 38 days before they finally arrested him in the same county he had the warrant in (which led to several other charges including breaking and entering, theft, obstruction, resisting arrest, assault of an officer, etc). He is being charged with felonious assault and attempted murder in the county we live in (where the stabbing occurred). Because he has been held without bond in the other county, my county can't do anything about the stabbing case until the other county is finished with him. Three times now, there has been a jury trial scheduled in the other county, and all three times the jury trial has been cancelled and pushed out - it is currently scheduled for April. When I look up his cases on the county court website, all three times the trial has been cancelled and rescheduled, there is an entry that says "Waiver of right to speedy trial filed".

He has been offered two plea agreements, and has turned them both down. We feel that he is dragging this case out as long as possible because he knows he is facing attempted murder charges in our county. My son and I would just like to know how long this guy can keep waiving his right to a speedy trial. My son has healed physically, but mentally and emotionally he's still struggling. He wants some kind of closure, he wants justice.
The trial can be delayed as long as the court allows for continuances. Generally the trial will start no later than the last day cited on the waiver.
 
#8
If he keeps waiving it could be years... that doesn't impact anything. Your son though should ask for counsel as the victim in the county in which you live. Because Ohio's new amendment...
 

quincy

Senior Member
#9
If he keeps waiving it could be years... that doesn't impact anything. Your son though should ask for counsel as the victim in the county in which you live. Because Ohio's new amendment...
Could you explain? What does the new amendment cover?
 
#10
Could you explain? What does the new amendment cover?
LMAO... OH man... It is called Marsy's Law but they made it a constitutional Amendment in Ohio. BLECH.

Start with this which is quite simple and not completely total: https://www.supremecourt.ohio.gov/Boards/Sentencing/Materials/2017/March/marsysLawFactSheet.pdf

Now .. it is has been stated to attorneys that a victim may qualify for their own counsel to litigate for them as they are a "party" to the proceeding. Can't hurt to ask...

https://www.bing.com/search?q=marsy%27s+law+ohio&form=EDGTCT&qs=LS&cvid=aca6ed7f5ceb445ea539ec0f95cab572&refig=d9f54aa31d6e4b78cc1f0fc16d54a02c&cc=US&setlang=en-US&elv=AY3%21uAY7tbNNZGZ2yiGNjfMX0b8EdCXGOQ3n%21lAmUSArkVcC*yYwPNFgRCKr4*FtkenHuHelao7Wq8%21ykYWrnNM8MUM9*FmtJu3jroeb5p0W

I can provide more...
 
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quincy

Senior Member
#11
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FedUp47

Junior Member
#12
If he keeps waiving it could be years... that doesn't impact anything. Your son though should ask for counsel as the victim in the county in which you live. Because Ohio's new amendment...
Years? Damn. There are so many things about this process that we don't understand. A woman from victims assistance called my son back in October when the guy was arrested, and she was there when my son testified for the grand jury, but she's been unavailable since November. She doesn't return my son's calls even though he has left several messages. She did mail him some literature about PTSD, though. We just feel in the dark, and that's not a good feeling. So to hear that this guy can drag this out for years...ugh! There are no words.


I wondered months ago if my son should have an attorney, just to kind of guide him through this process and make sure everything that is done is done in his best interests. What type of attorney should we look for? I know there are several specialties.

Thanks again to all who have responded. I really appreciate it.
 

quincy

Senior Member
#13
Years? Damn. There are so many things about this process that we don't understand. A woman from victims assistance called my son back in October when the guy was arrested, and she was there when my son testified for the grand jury, but she's been unavailable since November. She doesn't return my son's calls even though he has left several messages. She did mail him some literature about PTSD, though. We just feel in the dark, and that's not a good feeling. So to hear that this guy can drag this out for years...ugh! There are no words.


I wondered months ago if my son should have an attorney, just to kind of guide him through this process and make sure everything that is done is done in his best interests. What type of attorney should we look for? I know there are several specialties.

Thanks again to all who have responded. I really appreciate it.
I think right now it is probably better if your son concentrates on his counseling and lets the prosecutor work on getting the criminal case to trial.

I understand how frustrating the delays must be for you and your son. Unfortunately, the court system will work at its own pace and there is often little to do but wait.
 

FedUp47

Junior Member
#14
Ohiogal --- you posted
It is called Marsy's Law but they made it a constitutional Amendment in Ohio. BLECH.
I read the links you posted about Marsy's Law. It seems to me to be a good thing for victims of crime. I'm not a lawyer (obviously lol), so can you elaborate on your "BLECH"? :) I'm just curious about your feelings on the subject. Thanks!
 
#15
Ohiogal --- you posted

I read the links you posted about Marsy's Law. It seems to me to be a good thing for victims of crime. I'm not a lawyer (obviously lol), so can you elaborate on your "BLECH"? :) I'm just curious about your feelings on the subject. Thanks!
It was added to the Ohio Constitution. Those were already things that a victim was entitled to. But instead they added to the constitution. Good thing for victims? What about those who are false accused? What about those who are innocent? What about "victims" who aren't?