Ohio Rev. Code » Chapter 2981
Ohio Revised Code

Ohio Rev. Code § 2981.08 (2026)

Right to trial by jury

✓ current as of May 2026
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Effective:
July 1, 2007
Latest Legislation:
House Bill 241 - 126th General Assembly
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Parties to a forfeiture action under this chapter have a right to trial by jury as follows:

(A) In a criminal forfeiture action, the defendant has the right to trial by jury.

(B) In a civil forfeiture action, the defendant, the state or political subdivision, and third party claimants have the right to trial by jury.
Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 2008–2026 · leading case: State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 2011).
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State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 2011). “” We also note that R.C. 2981.08(A) states, “In a criminal forfeiture action, the defendant has the right to trial by jury.”
City of Cleveland v. Fulton, 898 N.E.2d 983 (Ohio Ct. App. 2008). “See R.C. 2981.08. {¶ 20} In this case, however, the parties waived (by oral agreement) any right to a hearing they may have had under the new statute.”
State v. Jones, 2025 Ohio 3011 (Ohio Ct. App. 2025). “R.C. 2981.08(A). {¶17} The trier of fact is in the best position to resolve questions of fact and to evaluate witness credibility.”
State v. Allen, 2025 Ohio 5785 (Ohio Ct. App. 2025). “R.C. 2981.08(A). Allen argues that since the jury never determined that the seized property was subject to forfeiture, the trial court erred by ordering the forfeiture of it.”
State v. Sancho, 2025 Ohio 4717 (Ohio Ct. App. 2025). “R.C. 2981.08(A) and (B). Generally, this Court defers to the trier of fact’s factual findings regarding forfeiture so long as those factual findings are supported by competent and credible evidence.”
State v. Allen, 2026 Ohio 884 (Ohio Ct. App. 2026). “R.C. 2981.08(A). {¶33} Generally, forfeitures are not favored in law and the forfeiture statues are to be interpreted strictly against the State.”
— Ohio Rev. Code § 2981.08(A) — 5 cases
State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 2011). “” We also note that R.C. 2981.08(A) states, “In a criminal forfeiture action, the defendant has the right to trial by jury.”
State v. Jones, 2025 Ohio 3011 (Ohio Ct. App. 2025). “R.C. 2981.08(A). {¶17} The trier of fact is in the best position to resolve questions of fact and to evaluate witness credibility.”
State v. Allen, 2025 Ohio 5785 (Ohio Ct. App. 2025). “R.C. 2981.08(A). Allen argues that since the jury never determined that the seized property was subject to forfeiture, the trial court erred by ordering the forfeiture of it.”
State v. Sancho, 2025 Ohio 4717 (Ohio Ct. App. 2025). “R.C. 2981.08(A) and (B). Generally, this Court defers to the trier of fact’s factual findings regarding forfeiture so long as those factual findings are supported by competent and credible evidence.”
State v. Allen, 2026 Ohio 884 (Ohio Ct. App. 2026). “R.C. 2981.08(A). {¶33} Generally, forfeitures are not favored in law and the forfeiture statues are to be interpreted strictly against the State.”
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