Ohio § 5924.45

Full text of Ohio Ohio Revised Code § 5924.45, with citation guidance and answers to common questions.

§ 5924.45.

(A) An accused may plead not guilty, not guilty by reason of insanity, guilty, or, with

the consent of the court, no contest.  A plea of not guilty by reason of insanity shall be made in writing by either the

accused or the accused's attorney.  All other pleas may be made orally.  The pleas of not guilty and not guilty by reason of insanity may be joined. (B) If an accused refuses to plead, the court shall enter a plea of not guilty on behalf

of the accused. (C) Before accepting a plea of guilty, the military judge shall address the accused personally

and inform the accused of, and determine that the accused understands, all of the

following: (1) The nature of the offense to which the plea is offered and the maximum possible penalty

provided by law; (2) In a general or special court-martial, if the accused is not represented by counsel,

that the accused has the right to be represented by counsel at every stage of the

proceedings; (3) That the accused has the right to plead not guilty or to persist in that plea if

already made, that the accused has the right to be tried by a court-martial, and that

at trial the accused has the right to confront and cross-examine witnesses against

the accused and the right against self-incrimination. (4) That if the accused pleads guilty, there will not be a trial of any kind as to those

offenses to which the accused has so pleaded and that by pleading guilty the accused

waives the rights described in division (C)(3) of this section; (5) That, if the accused pleads guilty, the military judge will question the accused

about the offenses to which the accused has pleaded guilty, and that, if the accused

answers the questions under oath, on the record, and in the presence of counsel, the

accused's answers may later be used against the accused in a prosecution for perjury

or false statement. (D) The military judge shall not accept a plea of guilty without first addressing the

accused personally and determining that the plea is voluntary and not the result of

fear, threats, or promises.  The military judge shall also inquire as to whether the accused's willingness to

plead guilty results from prior discussions between the convening authority, a representative

of the convening authority, or trial counsel and the accused or defense counsel. (E) The military judge shall not accept a plea of guilty without making an inquiry of

the accused that satisfies the military judge that there is a factual basis for the

plea.  The accused shall be questioned under oath about the offenses charged. (F) When a negotiated plea of guilty or no contest to one or more offenses charged or

to one or more other or lesser offenses is offered, the underlying agreement upon

which the plea is based shall be stated on the record in open court. (G) If the court refuses to accept a plea of guilty or no contest, the court shall enter

a plea of not guilty on behalf of the accused, and neither plea shall be admissible

in evidence or be the subject of comment by the trial counsel or court. (H) The defense of not guilty by reason of insanity must be pleaded at the time of arraignment,

except that the court for good cause shown shall permit a plea of not guilty by reason

of insanity to be entered at any time before trial. (I) A motion to withdraw a plea of guilty or no contest may be made only before sentence

is imposed, but to correct manifest injustice the court after sentence may set aside

the judgment of conviction and permit the accused to withdraw the plea. (J) An accused who is found guilty after pleading guilty waives any objection, whether

or not previously raised, relating to the factual issue of guilt of the offense to

which the plea was made.

Frequently Asked Questions About Ohio § 5924.45

What does Ohio Revised Code § 5924.45 cover?

Section 5924.45 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Ohio § 5924.45?

A common citation format is "Ohio Revised Code § 5924.45" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Ohio law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.

How does Ohio § 5924.45 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.