Judicial Release in Ohio used to be known as “shock probation". The Law Office of Jeffery M. Blosser is an experienced, aggressive and dedicated Ohio Judicial Release Attorney. Many inmates currently serving prison sentences may be eligible for Judicial Release.
Ohio's Judicial Release statute may be found in R.C. 2929.20 and allows for offenders who have served only a portion of their stated sentence to be released early from prison. Upon application for Judicial Release, the court in which the offender was sentenced must determine whether or not grant the application for Judicial Release. There are many factors that a court may consider in determining whether or not to release an inmate early. In some cases, the court may hold a hearing to determine whether or not the offender meets the statutory requirement for judicial release.
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. You need an experienced, aggressive and dedicated Ohio Judicial Release Attorney to examine your case and gather the necessary information to provide to the court for your Ohio Judicial Release.
Unfortunately many inmates listen to advice that they are given by their fellow inmates and file these applications for Judicial Release pro se (without an attorney). This can be a huge mistake, as there may be disastrous implications if the application is not done properly. Such implications may result in the Ohio Judicial Release application to be denied – and in some cases, preclude the inmate from re-filing the application for Ohio Judicial Release. In other words, you may have only one shot to get released from prison early. Only an experienced, aggressive and dedicated Ohio Judicial Release Attorney can properly research your individual case and determine a course of action that may result in Judicial Release.
Call the Law Office of Jeffery M. Blosser today to discuss Ohio Judicial Release for you or a loved one. Your no-obligation consultation is free and confidential.
General Requirements for Judicial Release
For those offenders who were sentenced to a stated prison term of 5 years, a Motion for Judicial Release may be filed after 4 years of the stated 5 year prison term has been served.
Stated prison terms of more than 5 years but not more than 10 years, allow for a Motion for Judicial Release to be filed once 5 years of the stated prison term has been served in the Ohio Department of Rehabilitation and Corrections.
Note, however, that if a stated prison sentence has mandatory time you cannot begin to calculate the time in which to file the Ohio Judicial Release motion until that mandatory prison time has been served. In other words, you must wait to file a Ohio Motion for Judicial Release after the expiration of the mandatory prison time. If you file too soon and the court holds a hearing to determine your Ohio Judicial Release eligibility finding that you are not eligible you may be precluded from re-filing the application for Judicial Release later on, when you would otherwise be eligible to do so.
There are special considerations for people charged with either Ohio First Degree Felonies or Ohio Second Degree Felonies. The court must consider and apply the sentencing standards set forth in R.C. 2929.13 when determining whether or not to grant Ohio Judicial Release. These standards include, but are not limited to: likelihood of recidivism, impact on the offender from the times spent in prison, and whether or not the granting of Ohio Judicial Release would demean the seriousness of the offense.
Call the Law Office of Jeffery M. Blosser today to discuss the requirements of Ohio Judicial Release. Your no-obligation consultation is free and confidential.
Procedural Timeline for Ohio 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 Ohio Judicial Release without having a hearing on the matter and notifying all parties to the case, including the victim. You may hear some attorneys or other inmates refer to these Ohio Judicial Release hearings as “one and done". This term refers to the fact that you may only have one hearing on your Motion for Judicial Release. The ramification of this is if the court conducts the hearing and determines that Ohio Judicial Release is not appropriate you may not later re-file a Motion for Judicial Release.
If a hearing is granted, the court must conduct this hearing within 60 days of the filing of the Motion for Judicial Release. The court will receive an “institutional summary" of the offender prior to conducting the hearing. This summary will list everything that the offender has done while incarcerated that may affect whether or not Ohio Judicial Release is appropriate. Additionally, the victim must be notified of the hearing and offered the opportunity to make a statement regarding the suitability of Ohio Judicial Release.
Call the Law Office of Jeffery M. Blosser today to discuss the procedural timeline for Ohio Judicial Release. Your no-obligation consultation is free and confidential.