If you or a loved one has been sent to prison in Ohio, it may be possible to reduce the prison time by seeking Judicial Release. You might have heard it called “Shock Parole.”
Judicial Release allows a prisoner to ask for a release from prison to community control (parole). A skilled lawyer can help you determine whether you are eligible and guide you through the process.
How Does Judicial Release Work?
In Ohio, a prisoner in state prison may apply for early release if these conditions are met:
- The conviction was not for an offense that is specifically excluded. Most common offenses are eligible.
- Any mandatory prison time has been served.
- A specific portion of the non-mandatory prison time has been served.
Determining when a prisoner is eligible depends on the total sentence. For example, certain offenses have mandatory prison time, such as gun specifications. That time must be served, plus a portion of the remaining sentence. Longer sentences require longer time served before the request can be made.
Time served is calculated based upon when a prisoner is delivered to prison. Time spent in local jail awaiting trial or sentencing does not count.
The court may deny it without a hearing, or may schedule a hearing. If a hearing is scheduled, the prison will send the judge a report of the offender’s activities in prison, such as education, therapy, rehabilitation, and disciplinary issues. The prisoner may attend only if the court allows it, but his or her attorney will always be allowed to present oral or written information. Other interested parties, such as victims, may present statements.
Other special circumstances may allow for early release. If the prisoner is in imminent danger of death, or is medically incapacitated, or is suffering from a terminal illness, the court may allow an early release. This requires a certification from the prison system that such a situation exists.
Why Do I Need an Experienced Criminal Defense Lawyer?
You usually only get one chance to request judicial release, so it is important to take it seriously and get the best help you can, to improve your chances of success.
If the court denies the motion without a hearing and without prejudice, you may apply again. If the court denies the motion without a hearing, with prejudice, you may not reapply, but the court may reconsider on its own. If the motion is denied after a hearing, you may not reapply and the court may not reconsider.
Your attorneys at Malarcik Pierce Munyer Will will give you advice about things you can do while you are in prison to help your case for Judicial Release. We will carefully monitor the calendar, so that we apply as early as possible. We will present the evidence and arguments to support your release.
Call the Criminal Defense Lawyers at Malarcik Pierce Munyer Will Today
Being convicted of a crime is a serious matter: it affects your future employment, your family life, your finances, and your freedom. Judicial Release will help you reunite with your family and rebuild your life.
The court process is intimidating and the stakes are high. The sooner you have a criminal defense lawyer working for you, the more likely you will have a good result.
Call us today: (330) 253-0785.
Our offices are located in downtown Akron, at 54 East Mill Street Suite 400. We serve clients in courts throughout Northeast Ohio, including Cleveland, Akron, Canton, Youngstown, and the surrounding areas.
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