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When facing criminal charges, it may feel like your life is essentially over. It can be hard to see the light at the end of the tunnel. However, Ohio criminal cases do not go on indefinitely. While there is no set or standard timeline, understanding the process can help defendants set realistic expectations for their case. If you are concerned about how long a criminal case takes in Ohio, an experienced criminal defense attorney can explain the likely stages and identify potential issues that could affect the timeline.
If you are wondering, “how long does a criminal case take in Ohio?” It's essential to be aware that there is no single timeline that applies to all criminal matters in the state. Minor misdemeanor cases with relatively simple facts could be resolved in several weeks or months. These cases typically won’t have contested evidence, require minimal hearings, and may not go to trial. Cases that have contested evidence, require multiple hearings, and go to trial generally take longer.
Felony cases generally take longer than misdemeanor cases. These cases can take several months or over a year to resolve. The more serious the charges and the more complex the case, the longer it will typically take.
The court’s schedule can also influence how long a criminal case takes to resolve. The busier the court docket, the harder it can be to coordinate the court’s availability with the attorneys. Cases that go to trial typically take longer because there are additional steps in the process that must be completed before the trial.
Asking how long a criminal case takes in Ohio is a generalized question that can mean different things to different people. To better understand the criminal case timeline, it helps to look at the individual stages of a criminal case.
A criminal case typically starts with an arrest, summons, or criminal complaint filing. Under Ohio Revised Code Section 2937.02, you have a right to be informed of the charges you are facing and your right to an attorney. If you are held in custody after a warrantless arrest, your probable-cause determination generally must occur within 48 hours of the arrest. This determination does not necessarily require a court hearing.
At the arraignment, the formal charges are outlined, and the defendant enters their plea. Arraignments must follow the requirements under Ohio Revised Code § 2943.02. This process can vary for felony cases, depending on the circumstances.
During the discovery phase, the prosecution and defense attorneys will gather and exchange evidence. They will evaluate the evidence and witness statements to identify legal issues and begin forming their arguments. This phase of a criminal case can vary significantly in time required to complete. Delays can occur as the parties wait for lab results or the processing of forensic evidence. Digital evidence can be time-consuming to process.
Whether a case is concluded by plea negotiation or goes to trial will direct the overall timeline for a criminal case. When the defendant agrees to a plea, the case doesn’t proceed to trial. This eliminates the need for continued preparation and coordination among the court, attorneys, witnesses, and other participants. Once an agreement is reached between the prosecutor and defense, a hearing will be held where a judge will review the agreement, the parties' willingness to the agreement, and issue the court order to make it official.
A guilty plea or verdict doesn’t always completely end a criminal case. Depending on the circumstances, there may be an additional sentencing hearing or another proceeding. For cases resolved by acquittal or dismissal, the remaining steps will differ. Then, in some situations, the defendant may be able to file an appeal.
When considering how long a criminal case takes in Ohio, it’s important to understand the speedy-trial rules. The Sixth Amendment of the U.S. Constitution guarantees that accused individuals have a right to a speedy and public trial. Ohio’s Revised Code recognizes this fundamental federal right.
Practically, this right means you are protected from indefinite delays of your case in the criminal justice system. This right applies to those facing misdemeanor or felony charges. However, the specific timeline applied will vary based on the severity of the charges and whether the person is in custody.
The specific timelines are outlined in Ohio Revised Code Section 2945.71:
If someone is facing multiple criminal charges in connection with the same act, the one with the longest timeline controls. The speedy trial clock can also be tolled (paused) for certain qualifying events. Examples of a qualifying event include defendant-caused delays, qualifying defense motions, and certain types of continuances. Under Ohio Revised Code § 2945.72, the effect of a delay depends on the reason for it.
There is a critical “triple-count” rule in Ohio. Under Ohio Revised Code § 2945.71(E), for every day the accused spends in jail in lieu of bail, it counts as three days toward the speedy trial deadline. This can bring the 270-day felony deadline down to 90 days for someone who is incarcerated. However, the rule generally applies when the defendant is held solely on the pending charge or qualifying charges. Speaking with a criminal defense attorney can help you determine if it applies to your situation.
A defendant can waive their right to a speedy trial. This will toll the clock. For some defendants, waiving their right is used as a defense strategy to give them more time to prepare. Waiver must be given knowingly and voluntarily. Whether to waive speedy-trial rights is an important strategic decision that should be discussed with a criminal defense attorney.
A criminal case can take longer when the defendant is facing multiple criminal charges or more serious criminal charges. In both of these situations, more preparation by the prosecutor and defense team is required. Evidence gathering and argument preparation take more time. With this, the more complex the evidence is, the longer it will take to gather and process evidence. More complex cases often lead to an increased number of motions and hearings. Pretrial motions may require additional briefing, hearings, and court rulings, which can extend the timeline.
Sometimes, witnesses are required to testify, either an eyewitness present at the initial event or an expert witness. Scheduling witnesses and experts can be complicated, impacting the overall timeline. In addition, court scheduling is an administrative task that can impact a case’s timeline.
Defendants should keep in mind that timing isn’t a reflection of the strength of the case. A prosecutor’s case isn’t weak because the case is delayed. A defendant’s case isn’t automatically stronger because they request more time to gather evidence or investigate.
A criminal defense attorney can assist with the timing of your case because they have knowledge of the law and experience with Ohio’s criminal process. While hiring a lawyer doesn’t guarantee a faster resolution, a lawyer can assist with understanding the process.
A lawyer will explain the next possible steps for the defendant. They will review the evidence and identify possible issues that may impact case timing. They can respond to prosecutor motions and determine if filing their own is appropriate. If a plea is possible, they can communicate with the prosecutor to negotiate the terms. A lawyer will also know and monitor speedy trial deadlines and raise legal concerns if appropriate.
If you’re wondering, “how long does a criminal case take in Ohio?” the exact timeline will depend on the severity and number of criminal charges, evidence complexity, procedural issues, and court docket schedule. Whether you accept a plea or your case proceeds to trial will also directly impact your case's timeline. Wesley Buchanan, Esq. is an experienced Ohio criminal attorney who represents clients facing criminal charges from minor traffic offenses to serious felony offenses. If you are facing criminal charges, schedule a consultation or call 330-249-1778 to discuss your case.
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