Could You Qualify For Judicial Release?
Ohio’s judicial release statute allows for offenders who have served only a portion of their stated sentence to be released early from prison. Judicial release in Ohio used to be known as “shock probation”. In September of 2011, the Ohio judicial release statute changed and now allows for inmates who may not have previously been eligible for early release to now be eligible. Many inmates currently serving prison sentences may be eligible for judicial release.
For a successful case, you need an experienced, aggressive and dedicated criminal law attorney to examine your case and gather the necessary information to provide to the court. At the Blosser Law Office, we have helped clients in the Columbus area and throughout the state with judicial release. Attorney Jeffery Blosser is an experienced, aggressive and dedicated criminal defense lawyer.
The Application Process
Upon application for judicial release, the court in which the offender was sentenced must determine whether or not to grant the early release. There are many factors that a court may consider in making a determination. In some cases, the court may hold a hearing to determine whether or not the offender meets the statutory requirement for judicial release.
Upon the filing of a Motion for judicial release, the court may deny the motion within 60 days from the date the motion is filed. A court, however, cannot grant the release without having a hearing on the matter and notifying all parties to the case, including the victim. Unfortunately, many inmates file these applications pro se (without an attorney). This can be a huge mistake, as an improperly filled-out application may result in a denial. In some cases, the court may even preclude the inmate from re-filing the application. In other words, you may have only one shot to get released from prison early. An experienced lawyer can properly research your individual case and determine a course of action that may result in judicial release.
General Requirements for Judicial Release
For those offenders who were sentenced to a stated prison term of five years, a motion for judicial release may be filed after four years of the stated five-year prison term has been served. Stated prison terms of more than five years but not more than 10 years, allow an inmate to file a motion for judicial release once they have served five years of the stated prison term.
Note, however, that if your stated prison sentence has mandatory time you cannot begin to calculate the time in which to file your motion until you have served that mandatory prison time. If you file too soon and the court holds a hearing to determine your eligibility, finding that you are not eligible, the court may prevent you from re-filing the application later on, when you would otherwise be eligible to do so.
Find Out If You Are Eligible
Call the Blosser Law Office today at 614-963-9962 or send us a message online to discuss whether you or a loved one could be eligible for judicial release. We offer free and confidential initial consultations.