Judicial Release Ohio
Judicial Release Motions
The Idea of Judicial Release – In Ohio, the judge who sentences someone to prison has the unique power to grant an early release from prison under very specific circumstances and conditions. The process is called “Judicial Release” and is authorized by Ohio Revised Code Section 2929.20. Ohio Judicial Release, as it is today, has been in effect since July 1, 1996, but was called Shock or Super Shock Probation prior to that date.
It is within the discretion of your Trial Court Judge to decide whether you should get out early on Judicial Release. If it is granted, you will be on probation between 1- 5 years. None of the time on probation will count toward your original sentence. If you violate that probation, you can be sent back to prison to serve the remainder of your sentence.
Filing for Judicial Release Without an Attorney – While it is possible to file for Judicial Release without an attorney (much like representing your own self at trial), it is always better if you use a trained and experienced lawyer to file any Motions with the Court. At Holzfaster, Cecil, McKnight & Mues, our experienced attorneys know exactly what needs to be included in a Motion for Judicial Release and they know exactly how to say it. When the subsequent hearing occurs, our attorneys will present all the reasons why you should be released in the most positive way possible.
Everyone Does Not Qualify for Judicial Release – In order to qualify for Judicial Release, you must be serving a prison sentence of 10 years or less. You are not eligible for Judicial Release if you are serving a sentence imposed by the court as “mandatory time”. Someone can tell if a sentence is mandatory by looking on the front page of your legal packet under paragraph 1 and paragraph 2. If there is nothing filled in the blanks under either of those paragraphs and your prison term is 10 years or less, then you are probably eligible to apply for Judicial Release. (Check O.R.C. 2929.13 (F), though, to see if your case falls into any exceptions).
The Time to File for Judicial Release
If your sentence is less than 2 years, the Motion can be filed after you have served at least 30 days in prison. If your sentence includes mandatory time, the Motion can be filed 30 days after you have served the mandatory portion of your sentence.
If your sentence is 2 years or more but less than 5 years, the Motion can be filed after you have served at least 180 days in prison. If your sentence includes mandatory time, the Motion can be filed 180 days after you have served the mandatory portion of your sentence.
If your sentence is exactly 5 years, you should know that the law in Ohio regarding when you can file for Judicial Release has recently been changed by the Ohio legislature. Before the law was changed, an offender serving a 5-year sentence could file a Motion for Judicial Release after serving 4 years. As the law is now, if your sentence is exactly 5 years, you cannot file your Motion until you have served 5 years. This eliminates Judicial Release as an option for offenders serving 5-year sentences. The new law contradicts existing case law, which the Supreme Court has addressed in in State v. Peoples (2004), 102 Ohio St.3d 460, 812 N.E.2d 963.. Because Ohio’s Judicial Release statute is unconstitutional as applied to offenders sentenced to exactly 5 years, our firm will argue that your Motion can be filed after you have served at least 180 days in prison. If your sentence includes mandatory time, the Motion can be filed 180 days after you have served the mandatory portion of your sentence.
If your sentence is more than 5 years but less than 10 years, the Motion can be filed after you have served at least 5 years in prison. If your sentence includes mandatory time, the Motion can be filed 5 years after you have served the mandatory portion of your sentence.
After the Motion for Judicial Release is Filed
The Court may deny your motion for Judicial Release without conducting a hearing. If, however, the Trial Court wishes to grant the Motion for Judicial Release, it cannot do so without holding a hearing. That hearing must be held within 60 days of the date on which a Motion is filed, however, the Court may delay the hearing for up to an additional 180 days. If a hearing is held, you will attend only if the Court orders it. Finally, if your Motion for Judicial Release is denied following a hearing, the Court cannot consider any subsequent Motion for Judicial Release because the Court may hold only one hearing for any eligible offender.
If the Court does grant Judicial Release, you will be on probation for 1, 2, 3, 4, or 5 years. None of the time you spend on probation will count toward your sentence; and if you violate your probation, you can be returned to prison to serve the remainder of your sentence.
Experienced Ohio Judicial Release Attorneys Are Crucial For Your Release
You get only one chance at a Ohio Judicial Release which is why it is so crucial to use an experienced attorney that can make the strongest case for your release in the most persuasive way possible. The attorneys at Holzfaster, Cecil, McKnight & Mues will do just that.
What Holzfaster, Cecil, McKnight & Mues Can Do For You
Poor decisions may have got you into prison. Make the smart decision by calling Holzfaster, Cecil, McKnight & Mues today at (937) 293-2141 to schedule an appointment, or contact us online by using our form below. We can help evaluate the likelihood of your being granted an early release from prison through a Judicial Release Order. We will tell your story to the Court in the most positive, thorough, and persuasive way possible. Remember, you only get one shot at Judicial Release, so you definitely want to make the most out of that opportunity!
