Ohio Revised Code Search

...(A) When, after arrest, the accused is taken before a court or magistrate, or when the accused appears pursuant to terms of summons or notice, the affidavit or complaint being first filed, the court or magistrate shall, before proceeding further: (1) Inform the accused of the nature of the charge and the identity of the complainant and permit the accused or counsel for the accused to see and read the affidavit or c...

...(A) On the motion of the prosecuting attorney or on the judge's own motion, the judge shall hold a hearing to determine whether an accused person charged with aggravated murder when it is not a capital offense, murder, a felony of the first or second degree, a violation of section 2903.06 of the Revised Code, a violation of section 2903.211 of the Revised Code that is a felony, or a felony OVI offense shall be denie...

...The trial of an issue shall proceed before the trial court or jury as follows: (A) Counsel may state the case for the prosecution, including the evidence by which he expects to sustain it. (B) Counsel for the defendant may state his defense, including the evidence which he expects to offer. (C) The prosecution then shall produce all its evidence, and the defendant may follow with his evidence, but the court or mag...

...If a person held in jail charged with an indictable offense is not indicted at the term of court at which he is held to answer, he shall be discharged unless: (A) He was committed on such charge after the discharge of the grand jury. (B) The transcript has not been filed. (C) There is not sufficient time at such term of court to investigate said cause. (D) The grand jury, for good cause, continues the hearing of ...

...An indictment or information is sufficient if it can be understood therefrom: (A) That it is entitled in a court having authority to receive it, though the name of the court is not stated; (B) If it is an indictment, that it was found by a grand jury of the county in which the court was held, or if it is an information, that it was subscribed and presented to the court by the prosecuting attorney of the county in w...

...An indictment may be substantially in the following form: "The State of Ohio,) ss. ___________ County) In the Year _______ The jurors of the Grand Jury of the State of Ohio, within and for the body of the County aforesaid, on their oaths, in the name and by the authority of the State of Ohio, do find and present that A.B., on the _______ day of ___________, _________, at the county of ___________ aforesaid, did ...

...An indictment or information is not made invalid, and the trial, judgment, or other proceedings stayed, arrested, or affected: (A) By the omission of "with force and arms," or words of similar import, or "as appears by the record"; (B) For omitting to state the time at which the offense was committed, in a case in which time is not of the essence of the offense; (C) For stating the time imperfectly; (D) For stati...

...(A) Imposition of a one-year mandatory prison term upon an offender under division (B)(1)(a) (iii) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm on or about the offender's person or under the offender's control while committing the offense. The specification shall be stated at the end of...

...(A) Imposition of a six-year mandatory prison term upon an offender under division (B)(1)(a)(i) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm that is an automatic firearm or that was equipped with a firearm muffler or suppressor on or about the offender's person or under the offender's c...

...(A) Imposition of a three-year mandatory prison term upon an offender under division (B)(1)(a) (ii) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm on or about the offender's person or under the offender's control while committing the offense and displayed the firearm, brandished the firea...

...(A) Except as provided in sections 2925.03 and 2925.11 and division (E)(1) of section 2925.05 of the Revised Code, the determination by a court that an offender is a major drug offender is precluded unless the indictment, count in the indictment, or information charging the offender specifies that the offender is a major drug offender. The specification shall be stated at the end of the body of the indictment, count,...

...(A) Imposition of a mandatory indefinite prison term consisting of a minimum term of five years and a maximum term of twenty-five years upon an offender pursuant to division (A)(3)(e)(ii) or (B)(2)(a) of section 2971.03 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to attempted rape and unless the indictment, count in the indictment, or information charging the offense specifie...

...Imposition of a mandatory indefinite prison term consisting of a minimum term of ten years and a maximum term of life imprisonment upon an offender pursuant to division (A)(3)(e)(iii) or (B)(2)(b) of section 2971.03 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to attempted rape and unless the indictment, count in the indictment, or information charging the offense specifies th...

...(A) Imposition of a mandatory indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment upon an offender pursuant to division (A)(3)(e)(iv) or (B)(2)(c) of section 2971.03 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to attempted rape and unless the indictment, count in the indictment, or information charging the offense speci...

...Imposition of a mandatory prison term under division (B)(8) of section 2929.14 of the Revised Code or a mandatory jail term under division (E) of section 2929.24 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to a violation of section 2903.11, 2903.12, or 2903.13 of the Revised Code and unless the indictment, count in the indictment, or information charging the offense specifies...

...Pleas to an indictment or information are: (A) Guilty; (B) Not guilty; (C) A former judgment of conviction or acquittal of the offense; (D) Once in jeopardy; (E) Not guilty by reason of insanity. A defendant who does not plead guilty may enter one or more of the other pleas. A defendant who does not plead not guilty by reason of insanity is conclusively presumed to have been sane at the time of the commission o...

...(A) Except as provided in division (B) of this section, prior to accepting a plea of guilty or a plea of no contest to an indictment, information, or complaint charging a felony or a misdemeanor other than a minor misdemeanor if the defendant previously has not been convicted of or pleaded guilty to a minor misdemeanor, the court shall address the defendant personally, provide the following advisement to the defendan...

...(A) If a motion is filed with a court before which a criminal case is pending alleging that a person has committed or is reasonably likely to commit any act prohibited by section 2921.04 of the Revised Code in relation to the case, if the court holds a hearing on the motion, and if the court determines that the allegations made in the motion are true, the court may issue an order doing any or any combination of the f...

...The trial of an issue upon an indictment or information shall proceed before the trial court or jury as follows: (A) Counsel for the state must first state the case for the prosecution, and may briefly state the evidence by which the counsel for the state expects to sustain it. (B) The defendant or the defendant's counsel must then state the defense, and may briefly state the evidence which the defendant or the def...

...A person called as a juror in a criminal case may be challenged for the following causes: (A) That the person was a member of the grand jury that found the indictment in the case; (B) That the person is possessed of a state of mind evincing enmity or bias toward the defendant or the state; but no person summoned as a juror shall be disqualified by reason of a previously formed or expressed opinion with reference ...

...(A) If the issue of a defendant's competence to stand trial is raised and if the court, upon conducting the hearing provided for in section 2945.37 of the Revised Code, finds that the defendant is competent to stand trial, the defendant shall be proceeded against as provided by law. If the court finds the defendant competent to stand trial and the defendant is receiving psychotropic drugs or other medication, the cou...

...(A)(1) As used in this section, "detention facility" has the same meaning as in section 2921.01 of the Revised Code. (2) If it is necessary in a criminal proceeding before the court to procure the testimony of a person who is imprisoned in a detention facility or state correctional institution within this state, or who is in the custody of the department of youth services, the court may require that the person's tes...

...(A) As used in this section: (1) "Child" means any individual under eighteen years of age. (2) "Developmental disability" has the same meaning as in section 5123.01 of the Revised Code. (B) In any proceeding in which a child or person with a developmental disability testifies in open court, the child or person with a developmental disability shall have the following rights to be enforced sua sponte by the court...

...(A) As used in this section: (1) " Developmental disability" has the same meaning as in section 5123.01 of the Revised Code. (2) " Victim with a developmental disability" includes a person with a developmental disability who was a victim of a felony violation identified in division (B)(1) of this section or a felony offense of violence or against whom was directed any conduct that constitutes, or that is an element...

...(A) Subject to division (D) of this section, a person against whom a charge is pending in a court not of record, or against whom a charge of minor misdemeanor is pending in a court of record, shall be brought to trial within thirty days after the person's arrest or the service of summons. (B) Subject to division (D) of this section, a person against whom a charge of misdemeanor, other than a minor misdemeanor, is p...