Effective: October 29, 1999
Latest Legislation: Senate Bill 49 - 123rd General Assembly
(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.
Structure Ohio Revised Code
Section 2945.01 | Trial Definitions.
Section 2945.02 | Setting and Continuing Cases.
Section 2945.03 | Control of Trial.
Section 2945.04 | Orders to Prevent Intimidation of Attorney, Victim or Witness in Criminal Case.
Section 2945.05 | Defendant May Waive Jury Trial.
Section 2945.06 | Procedure for Trial by Court.
Section 2945.08 | Prosecution in Wrong County - Proceeding.
Section 2945.09 | Grounds for Objection.
Section 2945.10 | Order of Proceedings of Trial.
Section 2945.11 | Charge to the Jury as to Law and Fact.
Section 2945.12 | When Accused May Be Tried in His Absence.
Section 2945.13 | Joint Trials in Felony Cases.
Section 2945.14 | Mistake in Charging Offense.
Section 2945.15 | Discharge of Defendant.
Section 2945.16 | View of the Premises - Expenses of View.
Section 2945.17 | Right to Jury Trial.
Section 2945.171 | Written Verdicts.
Section 2945.20 | Separate Trial for Capital Offense.
Section 2945.21 | Peremptory Challenges.
Section 2945.23 | When Peremptory Challenges Required.
Section 2945.25 | Challenges for Cause.
Section 2945.26 | Challenge for Cause.
Section 2945.27 | Challenges for Cause to Be Made Before Jury Sworn.
Section 2945.28 | Form of Oath to Jury.
Section 2945.29 | Jurors Becoming Unable to Perform Duties.
Section 2945.30 | Medical Attendance of Juror.
Section 2945.31 | Separation of Jurors.
Section 2945.32 | Oath to Officers if Jury Sequestered.
Section 2945.33 | Supervision of Jury After Case Submitted to Them.
Section 2945.34 | Admonition if Jurors Separate During Trial.
Section 2945.35 | Papers the Jury May Take.
Section 2945.36 | For What Cause Jury May Be Discharged.
Section 2945.37 | Competency to Stand Trial Definitions - Hearing.
Section 2945.371 | Evaluations and Reports of the Defendant's Mental Condition.
Section 2945.38 | Competence to Stand Trial.
Section 2945.39 | Expiration of the Maximum Time for Treatment for Incompetency.
Section 2945.391 | Not Guilty by Reason of Insanity Finding.
Section 2945.392 | Expert Testimony of the Battered Woman Syndrome.
Section 2945.40 | Acquittal by Reason of Insanity.
Section 2945.401 | Incompetency Finding or Insanity Acquittal Continuing Jurisdiction of Court.
Section 2945.402 | Conditional Release.
Section 2945.41 | Rules Applicable in Criminal Cases.
Section 2945.42 | Competency of Witnesses.
Section 2945.43 | Defendant May Testify.
Section 2945.44 | Witnesses Turning State's Evidence.
Section 2945.45 | Subpoenas to Issue to Any County.
Section 2945.451 | Employer May Not Penalize Employee for Being Subpoenaed to Criminal Proceeding.
Section 2945.46 | Attendance of Witness Enforced.
Section 2945.47 | Testimony of Prisoner.
Section 2945.48 | Witness May Be Placed in Jail.
Section 2945.481 | Testimony of Child Victim.
Section 2945.482 | Taking Testimony of a Victim With a Developmental Disability.
Section 2945.491 | Taking Testimony of a Victim With a Developmental Disability.
Section 2945.50 | Application for Deposition in Criminal Cases.
Section 2945.51 | When Imprisoned Defendant May Be Taken to Deposition - Expenses.
Section 2945.52 | Counsel Appointed Shall Represent the Defendant.
Section 2945.53 | Right of Accused to Examine Witness.
Section 2945.54 | Conduct of Examination.
Section 2945.55 | Testimony of Previous Identification.
Section 2945.56 | Rebuttal of Defendant's Character Evidence.
Section 2945.57 | Number of Witnesses to Character.
Section 2945.59 | Proof of Defendant's Motive.
Section 2945.63 | Child Pornography Offered as Evidence; Custody.
Section 2945.64 | Embezzlement Prima-Facie Evidence.
Section 2945.65 | Evidence Obtained as Part of Test to Determine Pregnancy.
Section 2945.67 | Appeal by State by Leave of Court.
Section 2945.71 | Time for Trial.
Section 2945.72 | Extending Time for Hearing or Trial.
Section 2945.73 | Delay in Hearing or Trial.
Section 2945.74 | Defendant May Be Convicted of Lesser Offense.
Section 2945.75 | Degree of Offense - Proof of Prior Convictions.
Section 2945.77 | Polling Jury.
Section 2945.78 | Recording the Verdict.
Section 2945.79 | Causes for New Trial.
Section 2945.80 | Written Motion for New Trial.
Section 2945.81 | Causes to Be Sustained by Affidavits.
Section 2945.83 | When New Trial Shall Not Be Granted.
Section 2945.831 | Motion for New Trial Not Necessary for Appellate Review.