Ohio Rev. Code » Chapter 2937
Ohio Revised Code

Ohio Rev. Code § 2937.02 (2026)

Court to inform defendant of charge and rights

✓ current as of May 2026
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Effective:
March 20, 2025
Latest Legislation:
House Bill 5 - 135th General Assembly
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(A) When, after arrest, the accused is taken before a court or magistrate, or when the accused appears pursuant to terms of summons or notice, the affidavit or complaint being first filed, the court or magistrate shall, before proceeding further:

(1) Inform the accused of the nature of the charge and the identity of the complainant and permit the accused or counsel for the accused to see and read the affidavit or complaint or a copy of the affidavit or complaint;

(2) Inform the accused of the right to have counsel and the right to a continuance in the proceedings to secure counsel;

(3) Inform the accused of the effect of pleas of guilty, not guilty, and no contest, of the right to trial by jury, and the necessity of making written demand for trial by jury;

(4) If the charge is a felony, inform the accused of the nature and extent of possible punishment on conviction and of the right to preliminary hearing;

(5) If the charge is a violation of section 2907.02 or 2907.03 of the Revised Code, inform the accused that a conviction of or plea of guilty to the violation may result in the following:

(a) In accordance with sections 3109.50 to 3109.507 of the Revised Code, the termination, denial, or limitation, as applicable, of the following:

(i) The accused's parental rights with respect to a child conceived as a result of the violation;

(ii) The rights of a relative of the accused with respect to a child conceived as a result of the violation.

(b) The granting of a petition to adopt a child conceived as a result of the violation without the accused's consent as described in division (E) of section 3107.07 of the Revised Code;

(c) The termination of the accused's, and the accused's relative's, eligibility to inherit from a child conceived as a result of the violation or the child's lineal descendants pursuant to section 2105.062 of the Revised Code.

(B) The court or magistrate may give the information provided pursuant to division (A) of this section to each accused individually, or, if at any time there exists any substantial number of defendants to be arraigned at the same session, the judge or magistrate may, by general announcement or by distribution of printed matter, advise all those accused concerning those rights general in their nature and informing as to individual matters at arraignment.

Last updated February 4, 2025 at 10:25 AM

Notes of Decisions
Cited in 28 cases (3 in the last 5 years), 1955–2025 · leading case: City of Toledo v. Chiaverini, 463 N.E.2d 56 (Ohio Ct. App. 1983).
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City of Toledo v. Chiaverini, 463 N.E.2d 56 (Ohio Ct. App. 1983). · cites it 4× “2d 222 ], the court stated that: “* * * R.C. 2937.02. Subdivision (C) of that section requires the court to advise the accused of the effect of pleas of guilty, not guilty and no contest.”
City of Toledo v. Frazier, 226 N.E.2d 777 (Ohio Ct. App. 1967). · cites it 10× “In giving further consideration in depth to the general assignment of error, we find that counsel for defendant seemed to have been so preoccupied in developing a broad issue embracing the Gideon case that they overlooked any citation or mention of Section 2937.02, Revised Code,…”
State v. Moore, 677 N.E.2d 408 (Ohio Ct. App. 1996). · cites it 3× “A waiver of the foregoing constitutional rights must affirmatively appear in the record, otherwise, a judgment of conviction based upon a guilty plea is unconstitutional and the accused is entitled to relief therefrom. A waiver of constitutional rights in a misdemeanor case will…”
State v. Nichols, 702 N.E.2d 504 (Ohio Ct. App. 1997). · cites it 3× “Such a finding, however, does not equate to a finding that appellant made a knowing and intelligent waiver of her right to counsel, for the waiving of one’s right to counsel encompasses far more than the rights set forth in R.C. 2937.02 and Crim.R. 5, 10 and 11. In Doane, supra,…”
Vill. of Chagrin Falls v. Katelanos, 561 N.E.2d 992 (Ohio Ct. App. 1988). · cites it 2× “2d 218 ; Ohio Revised Code Section 2937.02; Criminal Rule 5, Criminal Rule 11; Cleveland v.”
State v. Edwards, 208 N.E.2d 758 (Ohio Ct. App. 1965). · cites it 6× “There is no indication in the record that the Municipal Court followed Section 2937.02, Revised Code, announcing the charge and advising the appellant of his rights.”
State v. Luhrs, 591 N.E.2d 1251 (Ohio Ct. App. 1990). · cites it 2× “2d 218 , Ohio Revised Code Section 2937.02; Criminal Rule 5, Criminal Rule 11, Cleveland v.”
State v. Jones, 2016 Ohio 6987 (Ohio Ct. App. 2016). “{¶25} Appellant first contends she was neither informed of the nature of the charge nor permitted to read the charging instrument, in violation of R.C. 2937.02(A)(1). That subsection provides: {¶26} “When, after arrest, the accused is taken before a court or magistrate, or when…”
City of Cleveland v. Whipkey, 278 N.E.2d 374 (Ohio Ct. App. 1972). · cites it 2× “” 2 Section 2937.02. “When, after arrest, the accused is taken before a court or magistrate, or when the accused appears pursuant to terms of summons or notice, the affidavit or complaint being first filed, the court or magistrate shall, before proceeding further: “(A) Inform…”
Disciplinary Couns. v. Carr, 2022 Ohio 3633 (Ohio 2022). “Carr admitted that she routinely conducted hearings without a prosecutor being present so that she could avoid complying with the requisite procedural safeguards set forth in R.C. 2937.02 et seq. (requiring a judge to inform the accused, among other things, of the nature of the…”
In Re Neff, 254 N.E.2d 25 (Ohio Ct. App. 1969). · cites it 2× “Section 2937.02, Revised Code, provides that when the accused appears before a court or magistrate upon arrest or pursuant to summons or notice, the court or magistrate shall before proceeding further: “(A) * * *.”
State v.Bibler, 2014 Ohio 3375 (Ohio Ct. App. 2014). “1971) (after the requirements of R.C. 2937.02 are met, a defendant is arraigned and required to plea).”
Show all 28 citing cases →
— Ohio Rev. Code § 2937.02(A)(1) — 1 case
State v. Jones, 2016 Ohio 6987 (Ohio Ct. App. 2016). “{¶25} Appellant first contends she was neither informed of the nature of the charge nor permitted to read the charging instrument, in violation of R.C. 2937.02(A)(1). That subsection provides: {¶26} “When, after arrest, the accused is taken before a court or magistrate, or when…”
— Ohio Rev. Code § 2937.02(A)(3) — 1 case
State v. Worthen, 2025 Ohio 2293 (Ohio Ct. App. 2025).
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