Ohio Revised Code

Ohio Rev. Code § 2941.021 (2026)

Offenses prosecuted by information

✓ current as of May 2026
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Any criminal offense which is not punishable by death or life imprisonment may be prosecuted by information filed in the common pleas court by the prosecuting attorney if the defendant, after he has been advised by the court of the nature of the charge against him and of his rights under the constitution, is represented by counsel or has affirmatively waived counsel by waiver in writing and in open court, waives in writing and in open court prosecution by indictment.

Notes of Decisions
Cited in 24 cases (6 in the last 5 years), 1960–2025 · leading case: In Re A.G., 2016 Ohio 3306 (Ohio 2016).
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In Re A.G., 2016 Ohio 3306 (Ohio 2016). · cites it 2× “Article I, Section 10 of the Ohio Constitution; R.C. 2941.021. And we have explained that for purposes of R.”
Wells v. Sacks, 184 N.E.2d 449 (Ohio Ct. App. 1962). · cites it 14× “Section 2941.021, Revised Code, provides: “Any criminal offense which is not punishable by death or life imprisonment may be prosecuted by information filed in the Common Pleas Court by the prosecuting attorney if the defend *222 ant, after lie has been advised by the court of…”
State v. Bear, 2021 Ohio 1539 (Ohio Ct. App. 2021). · cites it 5× “7(A) and R.C. 2941.021 because the “potential punishment” for the conduct that was alleged to have occurred (rape of a child under the age of 13) was punishable by life in prison, and that an offense punishable with a life sentence may only be prosecuted by indictment, not a…”
State v. Mays, 2013 Ohio 4031 (Ohio Ct. App. 2013). · cites it 4× “7(A) and R.C. 2941.021. In the second assignment of error, Mays argues his conviction should be vacated, because the trial court failed to explain the difference between a guilty plea and a no contest plea.”
State v. Padgett, 2019 Ohio 174 (Ohio Ct. App. 2019). · cites it 4× “7(A) and R.C. 2941.021 when it failed to fully explain Padgett’s right to have his case presented to the grand jury.”
State v. Borecky, 2020 Ohio 3697 (Ohio Ct. App. 2020). · cites it 4× “The trial court overruled the petition finding it was filed beyond the 365-day time limit; that the petition was barred by res judicata; and that it fails on the merits.”
State v. Johnson, 2018 Ohio 1656 (Ohio Ct. App. 2018). · cites it 3× “The trial court erred and abused its discretion by denying Johnson’s motion to withdraw his guilty plea where the record shows that the court did not comply with the procedure set forth in R.C. 2941.021 to allow the court to obtain jurisdiction over the charge in the information.”
State v. Krajnik, 2021 Ohio 1442 (Ohio Ct. App. 2021). · cites it 8× “7(A) and in R.C. 2941.021. Crim.R. 7(A) relevantly provides: A felony that may be punished by death or life imprisonment shall be prosecuted by indictment.”
State v. Owens, 910 N.E.2d 1059 (Ohio Ct. App. 2009). · cites it 2× “The Ohio Constitution does provide that “no person shall be held to answer for a capital or otherwise infamous crime, unless on presentment or indictment of a grand jury.”
State v. Thoen, 2024 Ohio 5720 (Ohio Ct. App. 2024). · cites it 4× “Subject Matter Jurisdiction and R.C. 2941.021 {¶ 20} The state argues that because R.”
State v. Pitts, 825 N.E.2d 695 (Ohio Ct. App. 2005). “” {¶ 11} Further, R.C. 2941.021 provides that a defendant may be prosecuted by information “after he has been advised by the court of the nature of the charge against him and of his rights under the constitution, is represented by counsel or has affirmatively waived counsel by…”
State v. Henry, 446 N.E.2d 436 (Ohio 1983). “7(A) and R.C. 2941.021, prosecution by indictment or information; Crim R.”
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