Q: Concerns about violation of rights in an aggravated burglary case in Ohio due to lengthy trial delays and lack of accuser testimony.

A: Unfortunately, the criminal process is a long one and the right to confrontation comes at the end.

Ohio has a codified right to a speedy trial. Assuming the defendant is out on bail, the State has 270 days to bring her to trial on a felony. There is a triple count on days, if the accused is in jail. But it's like the clock in a basketball game. Everything the defense requests pauses or "tolls" the clock. In practice, this means the clock hardly runs at all. It would be entirely unsurprising at the 10-month mark if the clock had moved 30-60 days. That said, there is another sort of time pressure coming. The Ohio Supreme Court requires reporting from county common pleas courts concerning the movement of their dockets. As the one-year mark approaches, there will be pressure from them on the court to dispose of the case.

The right to confrontation--the right to face one's accuser(s)--is a trial right. Simply put, it means the state must put on its case at a public trial so that the defense has the opportunity to confront and cross-examine the witnesses. The law does not require the accuser(s) to be present for pre-trial negotiations. There is input from the accusers during this stage, but it is primarily driven by Marcy's Law requirements that the prosecutors keep them abreast of plea negotiations.

A: In Ohio, your daughter's right to a speedy trial is protected by both the U.S. Constitution and state law. Trials are supposed to occur within a reasonable time frame, typically within 270 days for felony cases, though this can be extended under certain circumstances. If there have been delays over the past 10 months without progress, this could potentially be a violation of her right to a speedy trial.

The absence of accusers at court dates and the prosecutor's reliance on evidence like a 911 call and a picture might complicate the situation. While these are pieces of evidence, they don’t replace live testimony, and the defendant has a constitutional right to confront witnesses. Without the accusers testifying in person, it may be harder for the prosecution to prove their case.

Your lawyer should carefully evaluate the offer and consider the delays as part of a strategy to challenge the case. If the prosecution cannot bring forward adequate evidence or witnesses, this could be grounds for dismissal. Additionally, the offer of a plea deal may not be fair if it doesn't take into account the lengthy delays and the lack of live testimony.