Ohio — Statute

Court to Advise Defendant As to Possible Deportation, Exclusion or Denial of Naturalization Upon Guilty or No Contest Plea | Ohio Title 29 - Crimes and Procedure | Ohio Law

Ohio law mandates courts to inform non-citizen defendants of immigration consequences before plea agreements, ensuring informed decisions.

Legal Content

Court to Advise Defendant As to Possible Deportation, Exclusion or Denial of Naturalization Upon Guilty or No Contest Plea

Ohio — Ohio Title 29 - Crimes and Procedure

Summary

This law requires Ohio courts to advise non-citizen defendants about potential immigration consequences, such as deportation or denial of naturalization, before accepting a guilty or no contest plea. The court must ensure the defendant understands these implications and record the advisement. Certain conditions allow the court to omit this advisement if the defendant confirms U.S. citizenship.

Frequently Asked Questions

When does the Ohio court have to advise a defendant about immigration consequences?

The court must advise non-citizen defendants before accepting a guilty or no contest plea, unless the defendant confirms U.S. citizenship or states it on record.

Can the court omit the immigration advisement?

Yes, if the defendant answers affirmatively to being a U.S. citizen on a written form or states it orally on record.

Does the defendant have to disclose their immigration status when entering a plea?

No, the law generally does not require defendants to disclose their immigration status unless specific conditions apply.

What should the court do if a defendant requests more time after being advised?

The court must allow the defendant additional time to consider the plea in light of the immigration advisement.

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In simple terms: Ohio law mandates courts to inform non-citizen defendants of immigration consequences before plea agreements, ensuring informed decisions.. This means people must follow this rule, and breaking it can lead to criminal penalties.

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