OH · rules
Ohio Crim.R. 44
Assignment of Counsel
(A) Counsel in serious offenses
Where a defendant charged with a serious offense is unable to obtain counsel, counsel shall
be assigned to represent the defendant at every stage of the proceedings from their initial
appearance before a court through appeal as of right, unless the defendant, after being fully
advised of their right to assigned counsel, knowingly, intelligently, and voluntarily waives
their right to counsel.
(B) Counsel in petty offenses
Where a defendant charged with a petty offense is unable to obtain counsel, the court may
assign counsel to represent the defendant. When a defendant charged with a petty offense
is unable to obtain counsel, no sentence of confinement may be imposed upon the
defendant, unless after being fully advised by the court, the defendant knowingly,
intelligently, and voluntarily waives assignment of counsel.
(C) Waiver of counsel
Waiver of counsel shall be in open court and the advice and waiver shall be recorded as
provided in Rule 22. In addition, in serious offense cases the waiver shall be in writing.
(D) Assignment procedure
The determination of whether a defendant is able or unable to obtain counsel shall be made
in a recorded proceeding in open court.
History
Effective Date: July 1, 1973
Provenance
- Source
- supremecourt.ohio.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
ecb1c4fe536b7dfa9a6677a89306af30e25cee8573859f3c11f19f196a773957
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