Ohio Judicial Release
After being convicted of a crime and sentenced to prison, offenders may have legal recourse to be released from prison before the term of their sentence by being granted judicial release. Depending on the nature of an individual’s prison sentence, indications that the offender has taken steps towards self-improvement, and other considerations, a judge may reduce the offender’s prison sentence and allow him to re-enter society under probationary terms. In order for this to occur, however, a Motion for Judicial Release must be filed with the court in a timely manner. While offenders can pursue such Motions on their own – similar to their right to act as their own attorney during trial proceedings, the process associated with judicial release is complicated, and offenders may only have one chance at filing these Motions (i.e., there are very limited second changes for filing Motions of Judicial release, and appeals can not be filed when a Motion for judicial release has been declined after a hearing).
At Wright & Schulte LLC, our Ohio judicial release attorneys thoroughly understand the complexities of the judicial release process, and we believe that our clients deserve a second chance. Our Ohio judicial release lawyers are dedicated to asserting our clients’ right to judicial release during the critical hearing process, and we are highly skilled at arguing these cases before judges. Between presenting prison progress reports, witnesses’ statements and other evidence, you can trust that our Ohio judicial release attorneys will build you the strongest possible case to give you optimal chances for being granted judicial release.
Ohio Judicial Release Qualifications
Current Ohio judicial release qualifications have been in place since July 1996, before which they were referred to as Shock Probation or Super Shock Probation. The most recent change to Ohio judicial release qualifications took effect in September 2011 when legislation removed the 10-year sentence cap on eligibility of judicial release, meaning that individuals with prison sentences of 10 years or more and/or mandatory terms may be eligible for judicial release if they meet all other requirements. Prior to this, those with sentences greater than 10 years were not qualified for this option.
Despite recent changes to Ohio judicial release requirements, these legalities are still very strict, and only those offenders who exhibit the following qualifications may be eligible to file a Motion for Judicial Release:
- At least 30 days served for prison sentences less than 2 years. If a judge has placed a mandatory time on the sentence of less than 2 years, then the offender must serve at least 30 days plus the mandatory time before filing the Motion for Judicial Release.
- At least 180 days served for prison sentences between 2 and less than 5 years. If a judge has imposed a mandatory time of these sentences, then the offender must serve at least 180 days plus the mandatory time before filing the Motion.
- At least 5 years served for prison sentences that are more than 5 years and less than 10 years. Should mandatory time be imposed on these sentences, at least 5 years plus the mandatory time must be served before the Motion is filed.
If an individual meets these stipulations, the Ohio judicial release attorneys are Wright & Schulte LLC can take the necessary steps to file his Motion and get the process started.
Ohio Judicial Release Process
Once the Motion for Judicial Release has been filed, one of the following can happen:
- The judge may deny the Motion without granting a hearing. In these cases, individuals may have the opportunity to refile the Motion at a later date.
- The judge may grant a hearing within 60 days of the date the Motion was filed (please note that the judge is allowed, however, to delay the hearing for up to an additional 180 days). For judicial release to be granted, a hearing must be held. If, following the hearing, the judge denies the Motion, then offenders will not have the opportunity to appeal, refile or be granted judicial release.
Another important note is that the offender for whom the Motion is filed with only be able to attend the hearing if the court orders him to do so, making it paramount for these individuals to have the strong legal representation they deserve in such crucial hearings. Should judicial release be granted:
- A probationary term of 1 to 5 years will be placed on the individual.
- If the terms of this probation are violated in anyway, the individual will be sent back to prison to serve out the remainder of his sentence.
Given how much rides on the documents necessary to be granted a hearing, as well as the hearing itself – which is the sole opportunity for judicial release, it is vital that those seeking this course of action secure the professional experience of the Ohio judicial release lawyers at Wright & Schulte LLC. We have successfully secured hearings for our former clients, and we are skilled at deftly arguing these cases during the hearing process in order to help our clients achieve the best possible results.
Ohio Judicial Release Attorney Evaluations
Those seeking judicial release, as well as families who are trying to secure judicial release for their loved ones, are encouraged to consult with the Ohio judicial release lawyers at Wright & Schulte LLC. Call today for a FREE consultation and receive experienced advice from an Ohio judicial release attorney at Wright & Schulte LLC. Please fill out the online form at the right-hand side of this page or call us at (937) 435-9999.