If you have a lengthy prison sentence, it may be years until you are given that opportunity for a second chance. Fortunately, you do have the option of seeking a reduced sentence through a process called judicial release.
Knowing how to get started and how to best present your case can be difficult. Thankfully, our Ohio judicial release lawyers are here to help you through the entire process. At Patituce & Associates, LLC, we know that people can change, and requiring a rehabilitated individual to remain behind bars can be a detriment.
That is why we provide sound counsel and guidance to seek early release from prison. From start to finish, we will be your loyal advocates, working toward a favorable outcome on your behalf. Learn how we can help you seek early release by calling our Ohio post-conviction attorneys at 440-471-7784.
What Is Judicial Release?
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.
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 lawyer who knows the process and has an excellent command of written and verbal communication skills.
Helping Clients Seek Early Release from Prison
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 clients’ requests in a way that detaches them from the stigma of conviction and incarceration that prevent a fair assessment of their rehabilitation.
Am I Eligible for Judicial Release in Ohio?
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 2 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: 4 years after being incarcerated.
- Serving a 6- to 10-year non-mandatory sentence: 5 years after being incarcerated.
- Serving a non-mandatory sentence of more than 10 years: After serving half of the imposed prison term.
How to File for Early Release in Ohio
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 how you will continue to stay 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.
What Is the Ohio Judicial Release Process?
Several steps are involved in seeking judicial release:
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 should.
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.
Call Our Ohio Judicial Release Lawyers Today!
Being convicted of a crime and incarcerated can be life-changing. Not only in terms of having your freedoms restricted but also in terms of your growth and development. During your time in prison, you might participate in treatment programs or take advantage of other services allowing you to address issues that may have led you down the wrong path.
Learning from your past mistakes, you may be ready for a chance to show the community how you’ve changed and are ready to be a productive member of society. Unfortunately, if you have a lengthy prison sentence, it may be years until you are given that opportunity. Fortunately, you do have the option of seeking a reduced sentence through a process called judicial release.
At Patituce & Associates, LLC, our Ohio judicial release attorneys are advocates for those seeking early release. We will work hard to successfully file a request for this relief and fight to protect your best interests.