Judicial Miscontuct?

Asked over 1 year ago - Akron, OH

my friend is now awaiting trial. the judge violated his speedy trial rights... overbooked on his trial date and had the court room doors locked when he was seen, no sonographer was there for half of his appearance.. as to she know she was doing something wrong... what can he do?

Attorney answers (3)

  1. David Keith Greer

    Contributor Level 12


    Lawyers agree

    Answered . Alleged speedy trial violations are a legal issue, not a judicial misconduct issue. If the judge denied your friend his right to a speedy trial within the statutory time, that can be appealed.

    Having said that, speedy trial is one of the most misunderstood statutes. Many defendants feel they have a clear cut speedy-trial violation when they don't. The speedy trial statute is rife with exceptions, including a ruling from the Ohio Supreme Court several years ago that even the filing of discovery tolls the statute, until discovery is provided. (I don't agree with that ruling, at least in the vast majority of cases where discovery is provided without the intervention of the court.) Defense continuances obviously toll the statute also, even if it is only the attorney requesting the continuance and not the defendant. Other cases or probation or parole holders toll the statute also. Finally, the court for good cause shown can toll the statute, although an appeals court will strictly construe in favor of the defendant any continuance over defense objection, especially if the defendant is incarcerated.

    The point is, this is really something you should talk to a lawyer about, and even then the lawyer would need to review the record before advising you. If it turns out there really is a speedy-trial violation, the case can be appealed, and if the court of appeals agrees, the case will be dismissed and your friend discharged from further prosecution.

  2. Christopher Lee Beck


    Contributor Level 18


    Lawyers agree

    Answered . He needs to hire an attorney to file the proper motions. Speedy trial rights have many loop holes that courts will try and use to say the delay is attributed to the defendant. A good attorney knows how to fight those loop holes. Good luck.

    Beck Law Office, L.L.C.
    Dayton, Ohio Attorney

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client... more
  3. John Michael Stryker

    Contributor Level 7


    Lawyer agrees

    Answered . This is a sticky issue. A criminal defense attorney should handle this case. If the conviction is to be appealed, then the clock to file starts ticking right away.

    Your friend should weigh the costs of filing an appeal with the severity of the crime and punishment. Appealing a speeding ticket, for example, is not worth the money. Appealing jail time probably would be worth the money.

    John Stryker

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