Ohio Code 2930.08 – Notification of substantial delay in prosecution; victim objection to delay
(A)(1) The court and the prosecutor involved in the case shall take appropriate action to ensure a speedy disposition of the case.
Terms Used In Ohio Code 2930.08
- Alleged juvenile offender: means a child who is alleged to have committed a delinquent act in a police report or in a complaint in juvenile court that charges the commission of a delinquent act and that provides the basis for the delinquency proceeding and all subsequent proceedings to which this chapter makes reference. See Ohio Code 2930.01
- Case: means a delinquency proceeding and all related activity or a criminal prosecution and all related activity. See Ohio Code 2930.01
- Continuance: Putting off of a hearing ot trial until a later time.
- Court: means a court of common pleas, juvenile court, municipal court, or county court. See Ohio Code 2930.01
- prosecution: means the prosecution of criminal charges in a criminal prosecution or the prosecution of a delinquent child complaint in a delinquency proceeding. See Ohio Code 2930.01
- Prosecutor: means one of the following:
(1) With respect to a criminal case, it has the same meaning as in section 2935. See Ohio Code 2930.01
- state: means the state of Ohio. See Ohio Code 1.59
(2) A victim has the right to proceedings free from unreasonable delay and a prompt conclusion of the case. The court and all participants shall endeavor to complete the case within the time frame provided by the Rules of Superintendence.
(B) If a motion, request, or agreement between the prosecutor and the defendant‘s or alleged juvenile offender‘s attorney is made in a case, including a motion, request, or agreement for a continuance of the case, and the motion, request, or agreement might result in a delay in the prosecution of the case, the prosecutor, if the victim or victim’s representative has requested notice pursuant to section 2930.03 of the Revised Code, shall inform the victim and victim’s representative, if applicable, that the motion, request, or agreement has been made and that it might result in a delay. If the victim, victim’s representative, or victim’s attorney, if applicable, objects to the delay, the prosecutor shall inform the court of the objections, and the court shall consider the objections and the victim’s right to a speedy disposition of the case in ruling on the motion, request, or agreement.
(C) If the victim, victim’s representative, or victim’s attorney, if applicable, objects to a delay in the prosecution of the case, the court shall grant a motion, request, or agreement for a continuance of the case only if the party seeking the continuance demonstrates that the delay in the prosecution of the case is reasonable under the circumstances or is otherwise in the interest of justice. The court may grant a motion, request, or agreement for a continuance of the case only for the time necessary to serve the interests of justice. If a continuance is granted, the court shall state on the record or in a judgment entry the specific reason for the continuance.
Last updated March 21, 2023 at 4:53 PM