Ohio Revised Code

Ohio Rev. Code § 2945.73 (2026)

Delay in hearing or trial

✓ current as of May 2026
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(A) A charge of felony shall be dismissed if the accused is not accorded a preliminary hearing within the time required by sections 2945.71 and 2945.72 of the Revised Code. Such a dismissal has the same effect as a nolle prosequi.

(B)(1) Upon motion made at or prior to the commencement of trial, a person charged with a misdemeanor shall be discharged if the person is not brought to trial within the time required by sections 2945.71 and 2945.72 of the Revised Code. Such a discharge is a bar to any further criminal proceedings against the person based on the same conduct.

(2) Regardless of whether a longer time limit may be provided by sections 2945.71 and 2945.72 of the Revised Code, a person charged with misdemeanor shall be discharged if the person is held in jail in lieu of bond awaiting trial on the pending charge:

(a) For a total period equal to the maximum term of imprisonment which may be imposed for the most serious misdemeanor charged;

(b) For a total period equal to the term of imprisonment allowed in lieu of payment of the maximum fine which may be imposed for the most serious misdemeanor charged, when the offense or offenses charged constitute minor misdemeanors.

(3) A discharge under division (B)(2) of this section is a bar to any further criminal proceedings against the person based on the same conduct.

(C)(1) A person charged with a felony, who is not brought to trial within the time required by sections 2945.71 and 2945.72 of the Revised Code, is eligible for release from detention. The court may release the person from any detention in connection with the charges pending trial and may impose any terms or conditions on the release that the court considers appropriate.

(2) Upon motion made at or before the commencement of trial, but not sooner than fourteen days before the day the person would become eligible for release pursuant to division (C)(1) of this section, the charges shall be dismissed with prejudice unless the person is brought to trial on those charges within fourteen days after the motion is filed and served on the prosecuting attorney. If no motion is filed, the charges shall be dismissed with prejudice unless the person is brought to trial on those charges within fourteen days after it is determined by the court that the time for trial required by sections 2945.71 and 2945.72 of the Revised Code has expired. If it is determined by the court that the time for trial required by sections 2945.71 and 2945.72 of the Revised Code has expired, no additional charges arising from the same facts and circumstances as the original charges may be added during the fourteen-day period specified under this division. The fourteen-day period specified under this division may be extended at the request of the accused or on account of the fault or misconduct of the accused.

Last updated March 8, 2023 at 11:40 AM

Notes of Decisions
Cited in 476 cases (141 in the last 5 years), 1956–2026 · leading case: State v. Knott, 2024 Ohio 2289 (Ohio Ct. App. 2024).
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State v. Knott, 2024 Ohio 2289 (Ohio Ct. App. 2024). · cites it 14× “73 in a manner that changed the procedure for handling situations where a defendant is not brought to trial within the 270-day statutory time limit.”
State v. Adams (Slip Opinion), 2015 Ohio 3954 (Ohio 2015). · cites it 3× “Because Adams was incarcerated during the time between October 4 and 29, 2007, he is entitled to triple-count the 24 days,7 see R.”
State v. Church-Green, 2024 Ohio 1996 (Ohio Ct. App. 2024). · cites it 42× “The majority concludes the municipal court erred in granting Church-Green’s motion for discharge under R.C. 2945.73(B) because Church-Green was not held in lieu of bond solely on the pending charge.”
State v. Gray, 203 N.E.2d 319 (Ohio 1964). · cites it 14× “” Section 2945.73 reads: “When application is made for the discharge of a person under Section 2945.”
State v. Clark, 2016 Ohio 2705 (Ohio Ct. App. 2016). · cites it 9× “041; 3) the trial court abused its discretion when it agreed with him regarding his entitlement to discharge after the State violated R.C. 2945.73, yet still refused to order a hearing; and Highland App.”
State v. Cimpaye, 2020 Ohio 2740 (Ohio Ct. App. 2020). · cites it 6× ““Speedy-trial provisions are mandatory, and, pursuant to R.C. 2945.73(B), a person not brought to trial within the relevant time constraints ‘shall be discharged,’ and further criminal proceedings based on the same conduct are barred.”
State v. Taylor, 781 N.E.2d 72 (Ohio 2002). · cites it 2× “Neither appellant nor defense counsel moved to dismiss charges against him on speedy trial grounds pursuant to R.C. 2945.73(B). Thus, the delay resulting from his counsel’s request to continue the trial in order to consider motions filed on appellant’s behalf should not be…”
State v. Taylor, 2002 Ohio 7017 (Ohio 2002). · cites it 2× “Neither appellant nor defense counsel moved to dismiss charges against him on speedy trial grounds pursuant to R.C. 2945.73(B). Thus, the delay resulting from his counsel’s request to continue the trial in order to consider motions filed on appellant’s behalf should not be…”
State v. Taylor, 2020 Ohio 3481 (Ohio Ct. App. 2020). · cites it 6× “R.C. § 2945.73. See, also, State v. Coatoam (1975), 45 Ohio App.”
State v. Taylor, 2016 Ohio 5912 (Ohio Ct. App. 2016). · cites it 4× “” R.C. §2945.73(B). “[S]uch discharge is a bar to any further criminal proceedings against him based on the same conduct.”
State v. Sanchez, 110 Ohio St. 3d 274 (Ohio 2006). · cites it 2× “{¶ 7} Speedy-trial provisions are mandatory, and, pursuant to R.C. 2945.73(B), a person not brought to trial within the relevant time constraints “shall be discharged,” and further criminal proceedings based on the same conduct are barred.”
State v. Wells, 2021 Ohio 2585 (Ohio Ct. App. 2021). · cites it 2× “Davis, 8th Dist. Cuyahoga No. 105129, 2017-Ohio-8479, ¶ 18 (a defendant has the right to counsel or the right to act pro se; however, a defendant does not have the right to both, simultaneously).”
Show all 476 citing cases →
— Ohio Rev. Code § 2945.73(A) — 12 cases
Styer v. Brichta, 591 N.E.2d 1255 (Ohio Ct. App. 1990).
State v. Clark, 2016 Ohio 2705 (Ohio Ct. App. 2016). “041; 3) the trial court abused its discretion when it agreed with him regarding his entitlement to discharge after the State violated R.C. 2945.73, yet still refused to order a hearing; and Highland App.”
State v. Tucker, 2018 Ohio 1869 (Ohio Ct. App. 2018).
State v. Hogya, 2024 Ohio 639 (Ohio Ct. App. 2024).
State v. Lanik, 2013 Ohio 361 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2945.73(B) — 294 cases
State v. Adams (Slip Opinion), 2015 Ohio 3954 (Ohio 2015). “Because Adams was incarcerated during the time between October 4 and 29, 2007, he is entitled to triple-count the 24 days,7 see R.”
State v. Taylor, 781 N.E.2d 72 (Ohio 2002). “Neither appellant nor defense counsel moved to dismiss charges against him on speedy trial grounds pursuant to R.C. 2945.73(B). Thus, the delay resulting from his counsel’s request to continue the trial in order to consider motions filed on appellant’s behalf should not be…”
State v. Taylor, 2002 Ohio 7017 (Ohio 2002). “Neither appellant nor defense counsel moved to dismiss charges against him on speedy trial grounds pursuant to R.C. 2945.73(B). Thus, the delay resulting from his counsel’s request to continue the trial in order to consider motions filed on appellant’s behalf should not be…”
State v. Sanchez, 110 Ohio St. 3d 274 (Ohio 2006). “{¶ 7} Speedy-trial provisions are mandatory, and, pursuant to R.C. 2945.73(B), a person not brought to trial within the relevant time constraints “shall be discharged,” and further criminal proceedings based on the same conduct are barred.”
State v. Wells, 2021 Ohio 2585 (Ohio Ct. App. 2021). “Davis, 8th Dist. Cuyahoga No. 105129, 2017-Ohio-8479, ¶ 18 (a defendant has the right to counsel or the right to act pro se; however, a defendant does not have the right to both, simultaneously).”
— Ohio Rev. Code § 2945.73(B)(1) — 9 cases
State v. Sheets, 2025 Ohio 355 (Ohio Ct. App. 2025).
State v. Wood, 2024 Ohio 5597 (Ohio Ct. App. 2024).
State v. Dillon, 907 N.E.2d 1226 (Ohio Ct. App. 2009).
State v. Blacker, 2024 Ohio 5611 (Ohio Ct. App. 2024).
Willowick Bldg. Dept. v. Shoregate Towers NS, L.L.C., 2024 Ohio 5263 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2945.73(B)(2) — 4 cases
State v. Church-Green, 2024 Ohio 1996 (Ohio Ct. App. 2024). “The majority concludes the municipal court erred in granting Church-Green’s motion for discharge under R.C. 2945.73(B) because Church-Green was not held in lieu of bond solely on the pending charge.”
Stephens v. Zusack, 2025 Ohio 2129 (Ohio Ct. App. 2025).
Bonar v. Zusack, 2025 Ohio 1822 (Ohio Ct. App. 2025).
Stephens v. Zusack, 2025 Ohio 1917 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2945.73(B)(2)(a) — 2 cases
State v. Church-Green, 2024 Ohio 1996 (Ohio Ct. App. 2024). “The majority concludes the municipal court erred in granting Church-Green’s motion for discharge under R.C. 2945.73(B) because Church-Green was not held in lieu of bond solely on the pending charge.”
Stephens v. Zusack, 2025 Ohio 2129 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2945.73(B)(3) — 1 case
State v. Church-Green, 2024 Ohio 1996 (Ohio Ct. App. 2024). “The majority concludes the municipal court erred in granting Church-Green’s motion for discharge under R.C. 2945.73(B) because Church-Green was not held in lieu of bond solely on the pending charge.”
— Ohio Rev. Code § 2945.73(C) — 12 cases
State v. Cimpaye, 2020 Ohio 2740 (Ohio Ct. App. 2020). ““Speedy-trial provisions are mandatory, and, pursuant to R.C. 2945.73(B), a person not brought to trial within the relevant time constraints ‘shall be discharged,’ and further criminal proceedings based on the same conduct are barred.”
State v. Knott, 2024 Ohio 2289 (Ohio Ct. App. 2024). “73 in a manner that changed the procedure for handling situations where a defendant is not brought to trial within the 270-day statutory time limit.”
State v. Church-Green, 2024 Ohio 1996 (Ohio Ct. App. 2024). “The majority concludes the municipal court erred in granting Church-Green’s motion for discharge under R.C. 2945.73(B) because Church-Green was not held in lieu of bond solely on the pending charge.”
State v. Childs, 2024 Ohio 4699 (Ohio Ct. App. 2024).
State v. Pirani, 2024 Ohio 3060 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2945.73(C)(1) — 13 cases
State v. Church-Green, 2024 Ohio 1996 (Ohio Ct. App. 2024). “The majority concludes the municipal court erred in granting Church-Green’s motion for discharge under R.C. 2945.73(B) because Church-Green was not held in lieu of bond solely on the pending charge.”
State v. Cimpaye, 2020 Ohio 2740 (Ohio Ct. App. 2020). ““Speedy-trial provisions are mandatory, and, pursuant to R.C. 2945.73(B), a person not brought to trial within the relevant time constraints ‘shall be discharged,’ and further criminal proceedings based on the same conduct are barred.”
State v. Knott, 2024 Ohio 2289 (Ohio Ct. App. 2024). “73 in a manner that changed the procedure for handling situations where a defendant is not brought to trial within the 270-day statutory time limit.”
State v. Berger, 477 N.E.2d 473 (Ohio Ct. App. 1984).
State v. Davis, 2025 Ohio 1676 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2945.73(C)(2) — 15 cases
State v. Morren, 2024 Ohio 4528 (Ohio Ct. App. 2024).
State v. Barrow, 2026 Ohio 1236 (Ohio Ct. App. 2026).
State v. Johnson, 2025 Ohio 1009 (Ohio Ct. App. 2025).
State v. Fluker, 2026 Ohio 1278 (Ohio Ct. App. 2026).
State v. Mohamed, 2025 Ohio 659 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2945.73(D) — 33 cases
State v. Taylor, 2016 Ohio 5912 (Ohio Ct. App. 2016). “” R.C. §2945.73(B). “[S]uch discharge is a bar to any further criminal proceedings against him based on the same conduct.”
State v. Mincy, 441 N.E.2d 571 (Ohio 1982).
State v. Irish, 2019 Ohio 2765 (Ohio Ct. App. 2019).
State v. Knott, 2024 Ohio 2289 (Ohio Ct. App. 2024). “73 in a manner that changed the procedure for handling situations where a defendant is not brought to trial within the 270-day statutory time limit.”
State v. Lanik, 2013 Ohio 361 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2945.73(H) — 3 cases
State v. Lovelace, 2023 Ohio 339 (Ohio Ct. App. 2023).
State v. Pirani, 2024 Ohio 3060 (Ohio Ct. App. 2024).
State v. Boyd, 2024 Ohio 1517 (Ohio Ct. App. 2024).
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