April 20, 2026 | Criminal Defense
Being arrested and held in jail as a criminal defendant is one of the most stressful experiences a person can go through. The uncertainty alone can be extremely stressful, even more so when you have no clear idea of how long you might be sitting behind bars before your case is resolved. If you are facing this situation in Ohio, determining your legal rights is an important first step.
State law places limits on how long the government can hold you in custody before a conviction. Continue reading to learn about how these rules work and what options may be available to you.
Your Right to a Speedy Trial in Ohio
The Sixth Amendment to the United States Constitution guarantees every criminal defendant the right to a speedy trial. Ohio reinforces this protection through its own statutory rules found in Ohio Revised Code Section 2945.71.
Under this statute, the timeline depends on the severity of the charges against you. For misdemeanor cases, the state generally must bring you to trial within certain timeframes based on the degree of the offense. Minor misdemeanors must be tried within 30 days in most cases, while the most serious misdemeanors carry a 90-day limit. For felony charges, the state must bring you to trial within 270 days of your arrest.
These timelines apply specifically to defendants who are held in jail while awaiting trial. Importantly, note that if you are being held in custody rather than released on bail, Ohio law requires the state to count each day you spend in jail as three days toward the speedy trial deadline. This “triple count” provision is designed to prevent the government from holding someone in jail for an unreasonable amount of time without moving forward with the case.
What Happens at a Bail Hearing?
Shortly after an arrest in Ohio, you will typically appear before a judge for a bail hearing. At this hearing, the judge will decide whether to set bail, how much it should be, and whether any conditions should be attached to your release.
Several factors go into this decision, including the seriousness of the charges, your prior criminal history, whether you pose a flight risk, and whether you are considered a danger to the community. In some cases, the judge may release you on your own recognizance, meaning no money is required. In others, bail may be set at an amount that keeps you in custody until trial if you cannot afford to pay it.
If you believe your bail was set unfairly high, your attorney can file a motion asking the court to reconsider. The Eighth Amendment to the U.S. Constitution prohibits excessive bail, and Ohio courts are required to take that standard seriously.
When Can the State Hold You Without Bail?
There are limited situations where a judge may deny bail altogether. In Ohio, this can happen when the charges involve certain serious offenses and the court finds that no conditions of release would adequately protect the public. Capital offenses and cases involving significant evidence of danger to others are the most common examples.
Nonetheless, you still have legal rights in these situations. Your criminal defense attorney can challenge the decision and argue for release conditions that address the court’s concerns while still allowing you to await trial outside of jail.
Contact an Ohio Criminal Defense Lawyer at Suhre & Associates DUI and Criminal Defense Lawyers to Schedule a Free Consultation
The earlier you have an attorney involved in your case, the better positioned you are to protect your rights. A criminal defense lawyer can advocate for reasonable bail at your hearing and hold the state responsible if they fail to move your case forward in a timely manner.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers, give us a call today at (937) 531-0435 or visit us at our Dayton Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129,
Dayton, OH 45402
(937) 531-0435