I was arrested for underage consumption and disorderly conduct at 1am Sun. in Ohio. I was released on bail at 10 am Sun with a court appearance Tues at 9am. I was told I was not on the docket and sent to another office. I was told there that the charges were not filed in time and if they decide to pursue it they will send a letter. Ohiobar.org states under What are my rights in court?
Within 72 hours after your arrest, the judge must:
1. Tell you the crime of which you are accused.
2. Give you a copy of the written complaint against you.
3. Give you a continuance to get an attorney, if there is a possibility you could go to jail.
4. Tell you the nature and effect of the pleas.
How long do they have to do this & what if they don't do it in the allotted time frame?
The 72 hours is the time they have to bring you in front of a judge if you are in jail. The real time frame is the speedy trial clock which based on underage consumption would be 90 days. They have to bring you to trial within 90 days. You should go ahead an hire an attorney now so that your rights are protected and they can start working on your case. Cases are very rarely won on those little technicalities but an attorney can watch those time frames to make sure that if your the lucky one you prevail on that. Good luck to you.
Attorney Chris Beck
Beck Law Office, LLC
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I've never heard of anything like this before. Who knows, maybe the arresting officer or someone in the clerk's office messed up, but to answer your question, here's another right you have: the right to a speedy trial. For a first degree misdemeanor you must be brought to trial within 90 days of arrest and service of summons.
If you're convicted out of this incident, it could have major employment ramifications for you for a long time to come. You should go to the clerk's website and confirm that no complaints were filed. If you do have an open case, contact a lawyer, who will handle the apparent procedural messup from there.