m3 misdemeaner means i have to be tried within 45 days. I did not waive my right to a speedy trial. They set my pre trial at 48 days out. Is this basis to get it thrown out?
Answer
In Ohio the speedy trial act of 1974 does codify the 6th amandment's guarantee of a speedy trial with specific time limits within which defendants must be brought to trial. There are exceptions to the time limits though. If you or your attorney have filed any motions or requested discovery or have sought a continuance, that time does not count against the state while those matters are pending. Further, the court does have some limited power to extend the time limits if there is a good reason.
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