Ohio Judicial Release Attorney

Judicial release is a legal vehicle available to incarcerated individuals. Essentially, when you pursue this option, you are asking the court to reconsider your sentencing and let you out of prison early because you are rehabilitated.

As dictated by Ohio Revised Code Section 2929.20, judicial release permits a judge to suspend a prisoner’s remaining sentence and place them on supervised probation. It’s a complex procedure, one that necessitates a compelling presentation of the reasons for your release and the assurance of your successful reintegration into society. Maneuvering this legal pathway alone can be daunting, hence the irreplaceable role of a skilled judicial release attorney.

Our accomplished team of Ohio criminal defense attorneys brings a wealth of knowledge and experience to your judicial release application, expertly handling the intricacies of the process, and fiercely advocating for your freedom.

The rate at which judicial release is granted in Ohio can vary widely depending on several factors, including the nature of the original offense, the offender’s behavior while incarcerated, and the judge’s discretion. Unfortunately, specific statistics regarding the approval rate for judicial release in Ohio are not readily available.

Individuals do not have a right to judicial release. Whether or not it’s granted is at the sentencing judge’s discretion. Thus, if you are seeking a reduced prison term, you must make a strong case. Often, doing this effectively requires the help of a criminal defense lawyer who knows the process and has an excellent command of written and verbal communication skills.

At Patituce & Associates, LLC, our Ohio judicial release lawyers are practiced in crafting compelling and cogent cases, and we are confident in our abilities to make oral arguments in front of a judge. When you choose our team, we will focus on developing a unique narrative for your specific situation.

Our system is twofold:

• First, we have developed a judicial release approach designed to assist clients in building their release plans and establishing multi-level support systems. We know that no judge will release an incarcerated individual early if they do not demonstrate that they are prepared to replace patterns of bad choices with plans for productive citizenship.
• Second, we want to present our client’s requests in a way that detaches them from the stigma of conviction and incarceration that prevent a fair assessment of their rehabilitation.

The opportunity to apply for judicial release arises under specific circumstances. Generally, it depends on the length of the prison term and the type of offense committed. For example, if your imposed prison term is less than two years, you become eligible for judicial release immediately. For prison terms that are two years or more, the timing to apply for judicial release varies, extending from days to years after the imposed prison time.

Certain offenses, however, are ineligible for judicial release. For instance, first or second-degree felonies or mandatory prison terms do not allow the opportunity for judicial release, with some exceptions for particular cases.

Successfully applying for judicial release involves persuading a judge that the balance of the imposed sentence can be suspended and replaced by probation. The judge will review several factors in making their decision. They will likely consider the nature of the offense, your conduct while incarcerated, your demeanor, your potential for rehabilitation, and your preparedness to reintegrate into society successfully, amongst other things.

To be eligible for judicial release, you must be serving at least one non-mandatory prison sentence. If you have been sentenced to only a mandatory term of imprisonment, you will not qualify for this post-conviction relief. However, if you have both a mandatory and non-mandatory sentence, you can seek judicial release after you have completed your mandatory term of incarceration.

Before you can apply for judicial release, you must serve a portion of your prison sentence. The amount of time you must wait depends on your charges and the length of the sentence imposed.

Periods for filing a motion for judicial release are as follows:

• Serving a non-mandatory sentence of less than two years: Any time after being incarcerated
• Serving a 2- to 4-year non-mandatory sentence: 180 days after being incarcerated
• Serving a 5-year non-mandatory sentence: Four years after being incarcerated
• Serving a 6- to 10-year non-mandatory sentence: Five years after being incarcerated
• Serving a non-mandatory sentence of more than ten years: After serving half of the imposed prison term

The process for requesting early release from prison begins with filing a motion to the sentencing court.

One of the most important documents that you include with this motion is a statement explaining why you are seeking relief and how you’ve been rehabilitated. Essentially, the memorandum lets the judge know what programs and treatments you’ve participated in and how they’ve changed your life for the better.

In addition to explaining how you’ve taken advantage of opportunities while incarcerated, you must also establish a plan for staying on your changed path. For instance, you might elaborate on services you will participate in or places or people you’ll avoid after you’ve been released.

Several steps are involved in seeking judicial release, which include:

• Filing a motion: As mentioned earlier, you must submit your request and supporting documents to the court that imposed your sentence.
• Waiting for a response: After you have submitted your motion, you must wait to see if the court schedules a hearing. In some cases, the court can deny a motion without holding a hearing. However, it cannot grant a request unless it conducts a hearing.
• Attending a hearing: If the court does not deny your motion, it may request that you attend a hearing. During this proceeding, you, your attorney, and any other interested party can present arguments about whether or not the court should grant your motion. It’s important to note that if the court denies your request after the hearing, you cannot seek this relief again. Thus, it’s crucial that you retain legal representation to help you through this process.

Remaining on community control: If the court grants your request for judicial release, you’ll be placed under supervision for up to 5 years. During this time, the court will suspend your remaining prison sentence. If you adhere to all conditions of community control, your prison term balance is wiped. However, if you violate the conditions, you will be re-incarcerated for the time you had left on your sentence before being granted relief.

Navigating the complex and delicate legal process of attaining judicial release requires experience and a deep understanding of Ohio law. An experienced criminal defense attorney can help you at every stage of the process. From the inception, your attorney can evaluate your eligibility for judicial release, guide you through the intricacies of the application, and present a compelling case before the judge.

Their role also extends to filing a timely motion for judicial release and preparing you for the testimony in court. They build a persuasive argument that outlines your readiness for reintegration into society and emphasizes positive transformed behavior during imprisonment that makes you an ideal candidate for probation.

In cases where the prosecution opposes the motion for judicial release, having a seasoned attorney becomes even more crucial. They can expertly counter the arguments of the prosecution, strategically using their wide-ranging knowledge of Ohio theft laws and courtroom finesse to advocate for you.

By proactively identifying potential hurdles and preparing for them, an experienced Ohio Judicial Release Attorney can greatly improve your chances of a successful case outcome. If you are considering applying for judicial release, aligning with a competent attorney can make a substantial difference, providing a robust defense and navigating the complicated legal proceedings effectively.