Judicial Release Attorney in Akron

Representing Your Best Interests

If one of your loved ones is serving a prison sentence in Ohio, my firm offers a free case evaluation to help you determine whether judicial release is an option. As a judicial release lawyer in Ohio, I can help you determine whether your loved one is eligible for this program.

Judicial release, formerly known as shock probation, is a way to release imprisoned individuals before their release date. The concept of judicial release in Ohio dates back to the implementation of Senate Bill 2 in 1996. This legislation introduced judicial release, allowing certain qualifying offenders to be released earlier than their original sentence.

In September 2011, Ohio House Bill 86 was passed, which decreased the eligibility requirements for prisoners. One of the initial modifications is the time that must be served before an incarcerated individual becomes eligible to file for judicial release.

Significant changes to the eligibility requirements for judicial release continue to be implemented to provide opportunities for early release to non-violent offenders who demonstrated rehabilitation and posed a low risk to public safety.

These updates also reflect ongoing efforts to balance the need for rehabilitation and public safety while providing avenues for eligible inmates to reintegrate into society successfully.

For more information about judicial release in Ohio, contact our legal team at Christopher G. Thomarios, Esq. LLC today at (888) 506-2167!

An Overview of the Judicial Release Process

The judicial release process in Ohio allows individuals to be released from prison before their original release date. It is governed by Ohio Revised Code § 2929.20, which outlines the steps and requirements for early release.

Before filing a request for a judicial release hearing, it is crucial to research and prepare the case thoroughly because only one judicial release hearing is allowed. It is recommended to hire a defense attorney to increase the chances of success.

The judge considering the judicial release will review the applicant's prison record, including any infractions. A positive prison record, completion of courses, and certificates of completion can strengthen the case. Collecting support letters from friends, family, and community members is also beneficial.

When filing a judicial release motion, it should be professional, straightforward, and address the applicable statutory factors. Reviewing trial and sentencing transcripts, using photos, and presenting post-release plans can further support the motion.

A pre-hearing conference is usually scheduled before the full judicial release hearing. This conference involves the defense attorney, prosecuting attorney, and the applicant. Potential objections to early release are addressed, and the chance of success is evaluated.

If the chances of success are low during the pre-hearing conference, the motion may be withdrawn and re-filed at a later date. If judicial release appears likely, a full hearing is scheduled, and the applicant and their supporters should be prepared to testify if required.

Requirements for Judicial Release in Ohio

Since its implementation, the Ohio legislature has enacted updates and changes to its requirements for judicial release. These updates reflect ongoing efforts to address and modify the state's eligibility requirements for judicial release. Expanding eligibility and considering alternative release opportunities aims to provide greater opportunities for rehabilitation and reintegration into society for eligible inmates. 

Here is a summary of the recent updates and current requirements:

• The eligibility criteria for judicial release have been expanded to allow more individuals to qualify for early release from prison.
• Changes have been made regarding those serving nonmandatory terms longer than ten years and flat five-year sentences, which now apply to current inmates. The 10-year sentence cap under prior law has been eliminated. You can file for Judicial Release even if your total sentence exceeds 10 years.
• Additional restrictions exist for those who wish to apply for judicial release who were convicted of drug offenses or operating motor vehicle impaired (OVI) offenses when a presumption of prison exists without making specific findings. 
• Ohio's 80% Court Release Opportunity provision, introduced under HB 86, allows all qualifying inmates to be considered for court release at 80% of their prison sentence, regardless of the offense.
• You must be serving at least one non-mandatory sentence to be eligible. You are not eligible during any period you are serving a mandatory sentence.
• Once granted, the remaining time on your sentence becomes suspended time. You will be given 1 to 5 years of community control (local supervision).
• Successful completion of community control eliminates further post-release control (state supervision). Violations of community control may result in the re-imposition of the remaining sentence.

Recent updates to the judicial review process reflect ongoing efforts by legislators to modify and adapt the law in response to evolving needs and considerations. The changes primarily focus on revising liquor control laws and addressing issues related to marijuana legislation, aiming to reflect the changing landscape and demands of the state.

When Should I File for Judicial Release in Ohio?

When a loved one is incarcerated, any amount of time spent in jail seems like forever. Schedule a free case evaluation if you want to discuss your family member's case or determine whether it is the right time to file. Our judicial release lawyer in Ohio can immediately begin collecting information to support the motion for judicial release. My firm can provide you and your loved one with a focused and determined effort to obtain the most optimal result. I can provide you with a high chance of an early release. As an experienced Akron judicial release attorney, I can provide the necessary information regarding your loved one's judicial release.