I was given a speeding ticket in Middleburg Heights Ohio, plead not guilty, and the case was transferred to the Berea Municipal Court. The officer did not show for the trial today. The prosecutor indicated it was due to a broken foot and rescheduled the trial for next week. I told him I did not agree to this or waive my right to a speedy trial and requested to enter my plea not guilty. He stated I already plead not guilty at the arraignment and the only pleas he would accept were guilty, no contest; otherwise it would be rescheduled. Asked if we could work out a deal he said no.
I feel like my rights have been violated here. Can they just reschedule a trial like this? If not, would it be a violation of federal, state, or city code?
2007-07-26 08:19:01 · 7 answers · asked by GoldenRetrievers 2 in Politics & Government ➔ Law & Ethics
Michael, I'm not sure the point of your post. Perspective? Think about this; it's a speeding ticket and I have to get off work to go fight this. I'm not trying to get off murder here. I arranged to get off work over a realitively very small issue and think it's unreasonable for me to miss additional work over this. To me, perspective says since its just a speeding ticket; dismiss it if the officer doesn't show.
2007-07-26 10:29:29 · update #1
It's fairly common for such appearances to be rescheduled. Normally, however, the court does it, rather than the prosecutor.
2007-07-26 08:22:49 · answer #1 · answered by Anonymous · 0⤊ 0⤋
nope they can do it happens all the time, their is no technical loop hole at this point to get the case dismiss, your right to a speedy trial is very vague and favors the prosecution
now after a year of reschedules maybe, but just one reschedule is not going to allow you to go free
it is unfortunate they would not work a plea deal most want the case of the docket, they usually will work a deal with the person
2007-07-26 15:26:32 · answer #2 · answered by goz1111 7 · 0⤊ 0⤋
It is not a violation of any law at all. It is completely the judge's discretion to reschedule. Only the judge can deny such a motion from EITHER PARTY. You are just plain out of luck. Just show up for the next hearing. If you don't, you'll have a default judgment against you.
2007-07-26 15:42:51 · answer #3 · answered by cyanne2ak 7 · 0⤊ 0⤋
In Florida if the cop doesn't show and you explain to the judge that it will create a hardship for you to return and cause you lost wages which you cannot afford, they will drop the charges. The prosecutor sounds like an asshole. I hope you beat the ticket. Good luck.
It is the judge that decides whether or not to drop the case, in this instance, not the prosecutor. Did you protest in court?
2007-07-26 15:30:18 · answer #4 · answered by lcmcpa 7 · 0⤊ 0⤋
On the record, move to dismiss for failure to prosecute. The judge will almost certainly grant the motion. If he does not, then you either appeal from the denial or move in the superior court for a writ of prohibition. One would have to check the Ohio criminal procedure code to see if an order denying a pretrial motion is appealable.
2007-07-26 15:28:03 · answer #5 · answered by Anonymous · 0⤊ 0⤋
OMG - do you seriously think a delay of ONE WEEK is a violation of your right to a speedy trial? Get a grip.
2007-07-26 15:35:47 · answer #6 · answered by Michael C 7 · 0⤊ 2⤋
Yes.
2007-07-26 15:28:50 · answer #7 · answered by Toodeemo 7 · 0⤊ 0⤋