Effective: September 28, 2012
Latest Legislation: House Bill 490 - 129th General Assembly
(A) An accused may plead not guilty, not guilty by reason of insanity, guilty, or, with the consent of the court, no contest. A plea of not guilty by reason of insanity shall be made in writing by either the accused or the accused's attorney. All other pleas may be made orally. The pleas of not guilty and not guilty by reason of insanity may be joined.
(B) If an accused refuses to plead, the court shall enter a plea of not guilty on behalf of the accused.
(C) Before accepting a plea of guilty, the military judge shall address the accused personally and inform the accused of, and determine that the accused understands, all of the following:
(1) The nature of the offense to which the plea is offered and the maximum possible penalty provided by law;
(2) In a general or special court-martial, if the accused is not represented by counsel, that the accused has the right to be represented by counsel at every stage of the proceedings;
(3) That the accused has the right to plead not guilty or to persist in that plea if already made, that the accused has the right to be tried by a court-martial, and that at trial the accused has the right to confront and cross-examine witnesses against the accused and the right against self-incrimination.
(4) That if the accused pleads guilty, there will not be a trial of any kind as to those offenses to which the accused has so pleaded and that by pleading guilty the accused waives the rights described in division (C)(3) of this section;
(5) That, if the accused pleads guilty, the military judge will question the accused about the offenses to which the accused has pleaded guilty, and that, if the accused answers the questions under oath, on the record, and in the presence of counsel, the accused's answers may later be used against the accused in a prosecution for perjury or false statement.
(D) The military judge shall not accept a plea of guilty without first addressing the accused personally and determining that the plea is voluntary and not the result of fear, threats, or promises. The military judge shall also inquire as to whether the accused's willingness to plead guilty results from prior discussions between the convening authority, a representative of the convening authority, or trial counsel and the accused or defense counsel.
(E) The military judge shall not accept a plea of guilty without making an inquiry of the accused that satisfies the military judge that there is a factual basis for the plea. The accused shall be questioned under oath about the offenses charged.
(F) When a negotiated plea of guilty or no contest to one or more offenses charged or to one or more other or lesser offenses is offered, the underlying agreement upon which the plea is based shall be stated on the record in open court.
(G) If the court refuses to accept a plea of guilty or no contest, the court shall enter a plea of not guilty on behalf of the accused, and neither plea shall be admissible in evidence or be the subject of comment by the trial counsel or court.
(H) The defense of not guilty by reason of insanity must be pleaded at the time of arraignment, except that the court for good cause shown shall permit a plea of not guilty by reason of insanity to be entered at any time before trial.
(I) A motion to withdraw a plea of guilty or no contest may be made only before sentence is imposed, but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the accused to withdraw the plea.
(J) An accused who is found guilty after pleading guilty waives any objection, whether or not previously raised, relating to the factual issue of guilt of the offense to which the plea was made.
Structure Ohio Revised Code
Title 59 | Veterans-Military Affairs
Chapter 5924 | Code of Military Justice
Section 5924.01 | Code of Military Justice Definitions.
Section 5924.02 | Persons Subject to Code.
Section 5924.03 | Jurisdiction to Court-Martial Discharged Personnel.
Section 5924.05 | Territorial Applicability.
Section 5924.06 | State Judge Advocate; Subordinate Judge Advocates and Legal Officers.
Section 5924.07 | Apprehension.
Section 5924.08 | Authority to Apprehend Deserters.
Section 5924.09 | Arrest or Confinement.
Section 5924.10 | Confinement.
Section 5924.103 | Captured or Abandoned Property.
Section 5924.107 | False Official Statements.
Section 5924.108 | Military Property; Loss, Damage, Destruction, or Wrongful Disposition.
Section 5924.109 | Waste or Destruction of Nonmilitary Property.
Section 5924.111 | Impaired or Reckless Operation of Vehicles, Aircraft or Vessels.
Section 5924.112 | Drunk on Duty.
Section 5924.113 | Misbehavior of Sentinel.
Section 5924.115 | Malingering.
Section 5924.116 | Riot - Breach of Peace.
Section 5924.117 | Provoking Speeches or Gestures.
Section 5924.1121 | Wrongful Use, Possession, etc., of Controlled Substances.
Section 5924.120 | Rape; Sexual Assault; Sexual Contact; Indecent Acts; Affirmative Defenses.
Section 5924.121 | Larceny - Wrongful Appropriation.
Section 5924.13 | Arrest and Confinement.
Section 5924.132 | Frauds Against Government.
Section 5924.133 | Conduct Unbecoming an Officer and a Lady or Gentleman.
Section 5924.134 | General Article.
Section 5924.135 | Courts of Inquiry.
Section 5924.136 | Authority to Administer Oaths and Act as Notary.
Section 5924.137 | Articles to Be Explained.
Section 5924.138 | Complaints of Wrongs.
Section 5924.139 | Redress of Injuries to Property.
Section 5924.14 | Delivery to Civil Authority for Trial.
Section 5924.140 | Execution of Process and Sentence.
Section 5924.141 | Processes and Mandates.
Section 5924.142 | Payment and Disposition of Fines.
Section 5924.144 | Presumption of Jurisdiction.
Section 5924.146 | Duty Status Requisite to Trial or Punishment.
Section 5924.148 | Short Title.
Section 5924.15 | Nonjudicial Punishment.
Section 5924.16 | Courts-Martial.
Section 5924.17 | Jurisdiction of Courts-Martial.
Section 5924.18 | Jurisdiction of General Courts-Martial; Punishments.
Section 5924.19 | Jurisdiction of Special Courts-Martial; Punishments.
Section 5924.20 | Jurisdiction of Summary Courts-Martial; Punishments.
Section 5924.21 | Concurrent Jurisdiction.
Section 5924.22 | Convening General Courts-Martial.
Section 5924.23 | Convening Special Courts-Martial.
Section 5924.24 | Convening Summary Courts-Martial.
Section 5924.25 | Service on Courts-Martial.
Section 5924.26 | Military Judge.
Section 5924.27 | Trial and Defense Counsel.
Section 5924.28 | Court Reporters and Interpreters.
Section 5924.29 | Absent and Additional Members.
Section 5924.30 | Charges and Specifications.
Section 5924.31 | Self-Incrimination.
Section 5924.32 | Investigation.
Section 5924.33 | Forwarding Charges.
Section 5924.34 | Pre-Trial Referral of General Court-Martial Charge.
Section 5924.35 | Service of Charges.
Section 5924.36 | Trial Procedure.
Section 5924.37 | Unlawful Influence.
Section 5924.38 | Duties of Trial and Defense Counsel.
Section 5924.39 | Convening Without Members of Court Present.
Section 5924.40 | Continuances.
Section 5924.43 | Statute of Limitations.
Section 5924.44 | Double Jeopardy.
Section 5924.45 | Entry of Plea by Accused; Entry by Court.
Section 5924.46 | Opportunity to Obtain Evidence and Witnesses.
Section 5924.47 | Refusal to Appear or Testify.
Section 5924.48 | Penalty for Contempt.
Section 5924.49 | Depositions.
Section 5924.50 | Admissibility of Records of Board of Officers.
Section 5924.501 | Competency of Accused; Hearing.
Section 5924.502 | Evaluation of Accused's Mental Condition.
Section 5924.503 | Findings of Competency or Incompetency; Evaluation and Treatment of Accused.
Section 5924.504 | Finding Accused Incompetent to Stand Trial; Civil Commitment.
Section 5924.505 | "Not Guilty by Reason of Insanity".
Section 5924.506 | Finding of Not Guilty by Reason of Insanity; Hearing.
Section 5924.51 | Voting and Rulings.
Section 5924.52 | Number of Votes Required.
Section 5924.53 | Announcement of Findings.
Section 5924.54 | Record of Proceedings.
Section 5924.55 | Cruel and Unusual Punishments.
Section 5924.56 | Maximum Punishments.
Section 5924.57 | Effective Date of Sentences.
Section 5924.58 | Execution of Sentence of Confinement.
Section 5924.581 | Reduction in Pay for Enlisted Members.
Section 5924.582 | Forfeiture of Pay and Allowances.
Section 5924.59 | Review of Finding.
Section 5924.61 | Appeal by Accused.
Section 5924.62 | Appeal by State.
Section 5924.64 | Review of Cases in Which No Appeal Taken.
Section 5924.65 | Transmission of Record.
Section 5924.66 | Court of Military Appeals.
Section 5924.67 | Compensation for Judges.
Section 5924.68 | Power of Subpoena.
Section 5924.69 | Appeals to the Supreme Court.
Section 5924.70 | Appellate Counsel.
Section 5924.71 | Sentence of Dismissal or Discharge.
Section 5924.72 | Vacation of Suspension of Sentence.
Section 5924.73 | Petition for New Trial.
Section 5924.76 | Finality of Proceedings.
Section 5924.761 | Leave Pending Completion of Certain Actions.
Section 5924.77 | Principal Defined.
Section 5924.78 | Accessory After the Fact.
Section 5924.79 | Conviction of Lesser Included Offense.
Section 5924.82 | Solicitation.
Section 5924.83 | Fraudulent Enlistment, Appointment or Separation.
Section 5924.84 | Unlawful Enlistment, Appointment or Separation.
Section 5924.86 | Absence Without Leave.
Section 5924.87 | Missing Movement.
Section 5924.88 | Contempt Toward Officials.
Section 5924.89 | Disrespect Toward Superior Officer.
Section 5924.90 | Assault - Willfully Disobeying an Officer.
Section 5924.91 | Insubordinate Conduct Toward Noncommissioned Officer.
Section 5924.92 | Failure to Obey Order or Regulation.
Section 5924.93 | Cruelty - Maltreatment.
Section 5924.94 | Mutiny - Sedition.
Section 5924.95 | Arrest and Confinement.
Section 5924.96 | Releasing Prisoner Without Proper Authority.