Ohio Limitations on Time for Indictment after the Arrest
The Fifth Amendment to the Constitution of the United States of America makes clear that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment of indictment of a Grand Jury.” While this originally only applied to crimes at a federal level, the 14th Amendment forced the states to adopt this same stance for state crimes.
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Felony Indictment
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In Ohio, the state must bring any felony charge before a preliminary jury within a reasonable amount of time in order to prevent prisoners from being held indefinitely or for a time that doesn’t fit the nature of the crime. These indictments, or “preliminary hearings," occur relatively quickly after an arrest is made for a felony. According to Ohio Revised Code 2954.71, if the state does not hold the accused in jail, then the state must indict within 15 days. However, if the state does hold the accused in jail, the state must indict within 10 days.
Felony Trial
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In addition to indictments, the state of Ohio outlines the maximum time for imprisonment for a felony before a trial begins. The state allows, according to Ohio Revised Code 2954.71, a maximum time of 270 days after a person’s arrest to come to trial. This prevents the courts from trying too many cases at one time, and allows both the prosecution and the defense time to prepare cases.
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Misdemeanor
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Although misdemeanors do not require the indictment of a grand jury (because they are not considered “serious crimes”), the state of Ohio still outlines the requirements to ensure a speedy trial. For a third- or fourth-degree misdemeanor, Ohio must go to court within 45 days, according to Ohio Revised Code 2945.71. This also applies to serious misdemeanors (first- or second-degree) with a maximum penalty of 60 days imprisonment. For more serious misdemeanors with harsher penalties, Ohio must begin trial within 90 days.
Three for One
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Because of the overcrowding of state prisons and jails, every day in which a person is held in jail in lieu of bail counts for three days. This means that the state must bring felonies to trial within 90 days and misdemeanors within 15 and 30 days (depending on the severity of the offense).
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References
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