Ohio Crim.R. 11

(A) Pleas

A defendant 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 defendant or the defendant’s attorney. All other pleas may be made

orally either in-person or by remote contemporaneous video in conformity with Crim.R.

43(A). The pleas of not guilty and not guilty by reason of insanity may be joined. If a

defendant refuses to plead, the court shall enter a plea of not guilty on behalf of the

defendant.

(B) Effect of guilty or no contest pleas

With reference to the offense or offenses to which the plea is entered:

(1) The plea of guilty is a complete admission of the defendant's guilt.

(2) The plea of no contest is not an admission of defendant's guilt, but is an

admission of the truth of the facts alleged in the indictment, information, or

complaint, and the plea or admission shall not be used against the defendant

in any subsequent civil or criminal proceeding.

(3) When a plea of guilty or no contest is accepted pursuant to this rule, the

court, except as provided in divisions (C)(3) and (4) of this rule, shall

proceed with sentencing under Crim.R. 32.

(C) Pleas of guilty and no contest in felony cases

(1) Where in a felony case the defendant is unrepresented by counsel the court shall

not accept a plea of guilty or no contest unless the defendant, after being readvised

that he or she has the right to be represented by retained counsel, or pursuant to

Crim.R. 44 by appointed counsel, waives this right.

(2) In felony cases the court may refuse to accept a plea of guilty or a plea of no contest,

and shall not accept a plea of guilty or no contest without first addressing the

defendant personally either in-person or by remote contemporaneous video in

conformity with Crim.R. 43(A) and doing all of the following:

(a) Determining that the defendant is making the plea voluntarily, with

understanding of the nature of the charges and of the maximum

penalty involved, and if applicable, that the defendant is not eligible

for probation or for the imposition of community contr ol sanctions

at the sentencing hearing.

(b) Informing the defendant of and determining that the defendant

understands the effect of the plea of guilty or no contest, and that the

court, upon acceptance of the plea, may proceed with judgment and

sentence.

(c) Informing the defendant and determining that the defendant

understands that by the plea the defendant is waiving the rights to

jury trial, to confront witnesses against him or her, to have

compulsory process for obtaining witnesses in the defendant’s

favor, and to require the state to prove the defendant’s guilt beyond

a reasonable doubt at a trial at which the defendant cannot be

compelled to testify against himself or herself.

(3) With respect to aggravated murder committed on and after January 1, 1974, the

defendant shall plead separately to the charge and to each specification, if any. A

plea of guilty or no contest to the charge waives the defendant's right to a jury trial,

and before accepting a plea of guilty or no contest the court shall so advise the

defendant and determine that the defendant understands the consequences of the

plea.

If the indictment contains no specification, and a plea of guilty or no contest to the

charge is accepted, the court shall impose the sentence provided by law.

If the indictment contains one or more specifications, and a plea of guilty or no

contest to the charge is accepted, the court may dismiss the specifications and

impose sentence accordingly, in the interests of justice.

If the indictment contains one or more specifications that are not dismissed upon

acceptance of a plea of guilty or no contest to the charge, or if pleas of guilty or no

contest to both the charge and one or more specifications are accepted, a court

composed of three judges shall: (a) determine whether the offense was aggravated

murder or a lesser offense; and (b) if the offense is determined to have been a lesser

offense, impose sentence accordingly; or (c) if the offense is determined to have

been aggravated murder, proceed as provided by law to determine the presence or

absence of the specified aggravating circumstances and of mitigating

circumstances, and impose sentence accordingly.

(4) With respect to all other cases the court need not take testimony upon a plea of

guilty or no contest.

(D) Misdemeanor cases involving serious offenses

In misdemeanor cases involving serious offenses the court may refuse to accept a plea of

guilty or no contest, and shall not accept such plea without first addressing the defendant

personally and informing the defendant of the effect of the pleas of guilty, no contest, and

not guilty and determining that the defendant is making the plea voluntarily. Where the

defendant is unrepresented by counsel the court shall not accept a plea of guilty or no

contest unless the defendant, after being readvised that he or she has the right to be

represented by retained counsel, or pursuant to Crim.R. 44 by appointed counsel, waives

this right.

(E) Misdemeanor cases involving petty offenses

In misdemeanor cases involving petty offenses the court may refuse to accept a plea of

guilty or no contest, and shall not accept such pleas without first informing the defendant

of the effect of the plea of guilty, no contest, and not guilty.

The counsel provisions of Crim.R. 44(B) and (C) apply to division (E) of this rule.

(F) Negotiated plea cases

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) Refusal of court to accept plea

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 defendant. In such cases neither plea shall be admissible in

evidence nor be the subject of comment by the prosecuting attorney or court.

(H) Defense of insanity

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 such a plea to be entered at any

time before trial.