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What is the right to speedy trial in Ohio?

Updated: Jan 20



By Kenneth R. Bailey and Kate Pruchnicki

January 21, 2025


When someone is charged with a crime, they are guaranteed the right to a speedy trial. In other words, once someone is charged with either a misdemeanor or felony criminal offense, they have a right to be tried for the charge(s) within a specified period of time to protect them from the consequences that may result from unreasonable delay. 


The right to a speedy trial was first established by the Sixth and Fourteenth Amendments to the United States Constitution, which provide that “the accused shall enjoy the right to a speedy and public trial.” Ohio adopted its own constitutional right to a speedy trial as Article 1, Section 10 of the Ohio Constitution, and has also statutorily codified the right to a speedy trial under R.C. 2945.71. What this means is that, under the laws of the State of Ohio, individuals’ right to a speedy trial is protected via two (2) distinct mechanisms: 1) the U.S. and Ohio Constitutions; and, 2) by statute. 


Contact Ohio Legal Group for your free speedy trial consultation.


Constitutional Grounds. In evaluating whether an individual’s right to a speedy trial has been violated on constitutional grounds, Ohio courts consider the four (4) factors set forth by Barker v. Wingo, a case decided by the United States Supreme Court in 1972. Under Barker, the court will consider: 1) the length of the delay; 2) the reason for the delay, and whether it can be justified by the prosecuting attorney; 3) whether (and when) the accused asserted his or her right to a speedy trial; and, 4) whether the accused suffered prejudice as a result of the delay. When these factors are found to be in favor of the accused, he or she has successfully established a violation of the constitutional right to a speedy trial. 


Statutory Grounds. As explained above, the Ohio legislature has codified the right to a speedy trial as R.C. 2945.71, which prescribes the timeframes within which an accused must be brought to trial based upon the degree of the offense with which he or she is charged to avoid the presumption that a speedy trial violation has occurred. These timeframes are as follows: 


  • 30 days after arrest if charged with a minor misdemeanor;

  • 45 days after arrest if charged with a third or fourth-degree misdemeanor; 

  • 90 days after arrest if charged with a first or second-degree misdemeanor; 

  • 270 days after arrest if charged with a felony offense. 


If you are charged with multiple offenses, then speedy trial runs at the rate of the longest speedy trial time. R.C. 2945.71 (D). However, the date of the arrest and serving of summons do not count for purposes of calculating speedy trial. See R.C. 1.14 and Cr. R. 45(A). Additionally, speedy trial will not run while a warrant is pending against the accused.


Once the statutory timeframe expires, the burden shifts from the accused to the prosecuting attorney to establish that a speedy trial violation has not occurred. If the prosecutor is unable to do so, the accused has successfully established a violation of the statutory right to a speedy trial. 


Whether the analysis is constitutional in nature or statutorily premised, successfully arguing a violation of the right to a speedy trial is a complicated and nuanced process. To ensure the best possible outcome in your case, it is important to have an attorney who understands the complexities of the issues and the importance of protecting your rights.


Contact Ohio Legal Group for your free speedy trial consultation.


Felonies


  • Preliminary Hearing, if in Jail: 10 Days

  • Preliminary Hearing, if not in Jail: 15 Days

  • Trial: 270 Days


Misdemeanors


  • Minor Misdemeanor: 30 Days

  • 4th or 3rd Degree Misdemeanor: 45 Days

  • Unclassified Misdemeanor: 45 Days

  • 2nd or 1st Degree Misdemeanor: 90 Days


Time can be waived by a time waiver signed and placed in the record.


Time can be tolled (or stopped from accumulating) based upon many small events, such as a demand for discovery, the filing of a motion, or requesting a pre-trial.


What is Jail Time Credit?


Each day during which the accused is held in jail in lieu of being out on bail must be counted as 3 days for purposes of speedy trial. R.C. 2945.71(E).


It is important to be aware, this 3 for 1 is only for the counting of speedy trial. It has no effect on any calculation of time served.


What happens when a charge is amended or dismissed and re-filed?


If a charge is amended -- even to a lesser charge -- the earlier of the following applies:

  1. The speedy trial time of the original charge

  2. The speedy trial time of the new charge which begins on the date of the filing of the new charge. State v. Kist, 2007-Ohio-4773 (11th Dist.).


If a charge is dismissed, any time that accumulated during the pendency of the first case is preserved and tacked onto any subsequent filing so long as the subsequent filing arose from the same set of facts as the charges that were dismissed. State v. Flynn, 2017-Ohio-1484 (Paulding County, 2017).


A time waiver by defense counsel as to the original charge is not effective as to the subsequent charges arising from the same set of circumstances that are brought subsequent to execution of the time waiver. State v. Wood, 81 Ohio App. 3d 489, 611 N.E.2d 418, 1992 Ohio App. LEXIS 3314 (Ohio Ct. App., Greene County), dismissed, 65 Ohio St.3d 1417, 598 N.E.2d 1168, 1992 Ohio LEXIS 2282 (Ohio 1992). (It’s important in these cases that the state knew of the facts supporting the subsequent charges at the time of the original charging).


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