Working Toward Early Release from Prison
In Ohio, if you’re convicted of a crime, you could be sentenced to years in prison. This penalty can have severe impacts on your life, affecting such things as your relationships, finances, and employment. While serving your term, you might participate in programs or be exposed to lessons that help you learn from your past mistakes. Your rehabilitation might happen long before your sentence is complete. Fortunately, Ohio law provides for a form of post-conviction relief called judicial release, which, if granted, may result in the sentencing court reducing the amount of time you are required to spend in prison.
If you are seeking judicial release, contact Patituce & Associates as soon as possible. You may have only one chance at presenting a persuasive argument for early release, and our experienced and skilled Cincinnati criminal defense attorneys can help you develop a compelling statement. We have over 30 years of combined experience and know the legal system inside and out. When you hire us, we will be a loyal advocate on your side, fighting hard toward a favorable outcome.
To discuss your options for a possible prison sentence reduction, contact us at today to schedule a free consultation with a Cincinnati judicial release lawyer!
Who’s Eligible to Seek Judicial Release?
If you are serving at least one non-mandatory prison sentence, you may be eligible to file a motion for judicial release. If you have a mandatory sentence on top of the non-mandatory one, you must complete the mandatory terms before you can seek a reduction.
Unfortunately, if you have only a mandatory prison sentence, you are not eligible for judicial release.
How Do I Apply for Judicial Release?
To seek early release from prison, you must file a motion with the court that imposed your sentence. You must include a memorandum that explains to the court why you believe you should be granted this relief. This is the most important part of your request, as it lets the judge know what you learned from your time in prison, what programs and treatments you’ve completed, and how you have been rehabilitated.
When you can file a motion for judicial release depends on how far along you are in your sentence.
The time periods for filing a motion are as follows:
- Prison term of less than 2 years: any time after imprisonment
- Prison term of at least 2 years but less than 5: 180 days after imprisonment
- Prison term of exactly 5 years: 4 years after imprisonment
- Prison term of more than 5 years but not more than 10: 5 years after imprisonment
- Prison term of more than 10 years: after serving half of the sentence
If you have both a mandatory and non-mandatory prison sentence, the clock starts ticking for your filing period after you’ve completed your mandatory term.
What Happens After Filing a Motion?
After you file your motion for judicial release, a couple of different things can happen. The court may deny your motion without scheduling a hearing, or it will schedule a hearing to get further information before making a decision.
If you’re scheduled for a hearing, you, your post-conviction relief attorney, and anyone else with an interest in your case may have the opportunity to be heard by the judge. If the judge denies your motion, you will not be able to file another motion for judicial release.
If your motion is granted, your prison sentence will be reduced. After your release, the remaining balance of your term will be suspended, and you will be required to be under supervision (community control) for 1 to 5 years. If you successfully meet the conditions, your suspended sentence will be eliminated. However, if you violate community control, you may be reincarcerated for the rest of your sentence.
Contact a Cincinnati Judicial Release Lawyer
At Patituce & Associates, we believe everyone deserves a second chance, especially if they have learned from past mistakes and are rehabilitated. When you contact our Cincinnati lawyers for assistance with the judicial release process, we will devote our time to helping you develop a compelling case. Schedule a free consultation by calling 440-471-7784 or contacting us online.