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 inform non-citizen defendants of immigration consequences and prison term extensions before accepting pleas, ensuring informed decision

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

Ohio law sections 2943.031 and 2943.032 require courts to advise non-citizen defendants about potential immigration consequences, such as deportation or denial of naturalization, before accepting pleas. The law also mandates informing defendants about possible extensions of prison terms related to post-release control. If courts fail to provide these advisements, defendants may have their pleas withdrawn or judgments set aside.

Frequently Asked Questions

What must Ohio courts advise non-citizen defendants about before accepting a plea?

Courts must inform non-citizen defendants about potential deportation, exclusion, or denial of naturalization resulting from their conviction.

Can a defendant withdraw their plea if the court fails to provide the required advisement?

Yes, if the court does not provide the required immigration advisement, the defendant can request to withdraw their plea and have the judgment set aside.

Does Ohio law require informing defendants about post-release control and prison term extensions?

Yes, courts must inform defendants about the possibility of extended prison terms if they violate post-release conditions.

Are courts allowed to set aside convictions if they did not provide the proper advisements?

Yes, courts can set aside judgments and permit plea withdrawals if the required advisements were not given and the defendant is affected.

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

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