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
person's 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 person's
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 person's
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 person's arrest if the accused is not
held in jail in lieu of bail on the pending charge or within ten consecutive
days after the person's 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 person's 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.
|
Cite as (Casemaker) R.C.
§ 2945.71
History. Effective Date:
10-29-1999.