My question involves a traffic ticket from the state of: Ohio
I have gotten a ticket on the March 4th, preliminary hearing suppose to hold on March 11, and I asked for one continuance which was reschedule to March 17th. I plead not guilty.
The trail was set to March 31st, so that the prosecutor have at least 2 weeks to prepare the case, and it is within the 30 day window.
I just receive the letter two day prior than my March 31st trial date, stating the trail was switch to April 6th, which falls out of the 30 day window and violating my speedy trial right. I have called the clerk, she's saying that the PO is in training and won't be able to show up. The judge has granted the prosecutor the continuance to April 21st. I told her that I don't want to waive the right. She said since I didn't sign anything to waive my right, I can bring this issue to the judge for the next trial date.
I also said I still wanted to see the judge on the original trail date March 31st. The clerk told me that I can't. Once the judge grant the continuance, there's no trail date as March 31st. This is insane. It is such a short notice, and what if I didn't check my mail until March 31st? I will be wasting one work day.
It is violating Ohio Revise Code:
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.
Does the prosecutor has the good cause for continuance? Can I still execute my speedy trial right?
I will be in the third trimester in May, and I am full time employee. I am already taking off some working time to see the doctor, let alone saving the vacation day for maternity leave. I do not have time for this to drag me along.
Should I file a motion before April 4th(within speedy trial window-30 days) object to waive my right, and ask for case dismissal?
I am self-represent. Is there any case I should read?
I have gotten a ticket on the March 4th, preliminary hearing suppose to hold on March 11, and I asked for one continuance which was reschedule to March 17th. I plead not guilty.
The trail was set to March 31st, so that the prosecutor have at least 2 weeks to prepare the case, and it is within the 30 day window.
I just receive the letter two day prior than my March 31st trial date, stating the trail was switch to April 6th, which falls out of the 30 day window and violating my speedy trial right. I have called the clerk, she's saying that the PO is in training and won't be able to show up. The judge has granted the prosecutor the continuance to April 21st. I told her that I don't want to waive the right. She said since I didn't sign anything to waive my right, I can bring this issue to the judge for the next trial date.
I also said I still wanted to see the judge on the original trail date March 31st. The clerk told me that I can't. Once the judge grant the continuance, there's no trail date as March 31st. This is insane. It is such a short notice, and what if I didn't check my mail until March 31st? I will be wasting one work day.
It is violating Ohio Revise Code:
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.
Does the prosecutor has the good cause for continuance? Can I still execute my speedy trial right?
I will be in the third trimester in May, and I am full time employee. I am already taking off some working time to see the doctor, let alone saving the vacation day for maternity leave. I do not have time for this to drag me along.
Should I file a motion before April 4th(within speedy trial window-30 days) object to waive my right, and ask for case dismissal?
I am self-represent. Is there any case I should read?
Motions: Motion to Dismiss the Case Due to Violation of Speedy Trail Right
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