Delaware County Judicial Release Lawyers
In Ohio, sentencing judges have the authority to grant early release from prison for those convicted of certain crimes. You must petition the judge for this leniency, which is based on specific eligibility factors and your conduct while in prison. Judges have full discretion as to whether to grant early release after receiving a motion for it. Both offenders or their attorneys can submit the judicial release motion to the court.
If you would like representation in submitting your motion to the court or representation at the judicial release hearing before the sentencing judge, you can turn to The Law Office of Brian Jones, LLC. Our accomplished team of criminal defense attorneys is well-equipped to determine if you are eligible for such a release, can file the motion on your behalf with the court, and can appear in court at the hearing with a well-prepared argument for why your early release should be granted. Our team has well over a decade of experience in handling judicial release cases for clients through the Ohio counties of Delaware, Franklin, Union, Marion, and Morrow.
Judicial release is covered under Ohio Revised Code Section 2929.20. Under this law, judicial release allows certain inmates to be released without serving their full sentence by converting the remainder of their sentence into probation. This only applies to inmates who are not serving a mandatory sentence. If mandatory time is part of the sentence, it must be served first before additional time can accrue that is necessary for eligibility. Additionally, the judicial release is not allowed for public officials convicted of certain Ohio felonies.
Other eligible factors include:
- You have not been sentenced to life in prison
- You do not pose a risk to the public
- You are terminally ill, medically incapacitated, or close to death
After serving a required portion of your sentence, you can file for judicial release. The length of your sentence will determine how soon you can file as follows:
- For those with sentences of less than two years, you can file after 30 days
- Those with sentences of two years or more but under five years may file after 180 days
- Those with sentences of five years can only file after serving four years
- For those with sentences of five years or more but less than 10 years, you must serve fives years before you can file
- For those with sentences of more than 10 years, you can file after serving a minimum of half the sentence or five years, whichever is greater
Judicial Release Hearings
Judges in these matters have the discretion of whether to allow a hearing in which you can present your case. If they deny your motion without allowing a hearing within 60 days, you have the option to file again later. If your motion is denied “with prejudice,” you no longer have the option to file again.
Where a hearing is granted, all parties who were part of the original case will be notified, such as the prosecutors, victims, and anyone else with relevant information. They will be allowed to present their arguments. Additionally, your behavior in prison will also be taken into consideration by the judge, such as educational efforts, vocational training, rehabilitative activities, and more.
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A judicial release can only be granted after a hearing is held and you only have one opportunity to gain this type of release. That is why it is essential to have an attorney on your side. You will need a professional who has the legal skills to show the judge why you should gain early release. This involves persuasive and compelling arguments. At the Law Office of Brian Jones, our team of criminal defense lawyers has represented countless individuals before sentencing judges in these types of cases. Let us put our experience and abilities to work to give you the best chance of success at your hearing.
Reach out to us online or at (740) 883-3400 today.