When Can I File for Judicial Release?

This is a question I hear from my clients, their families, and folks I come across in the area’s courts and jails. First off, what exactly is Judicial Release? Also referred to as “Shock Probation,” it’s a program offered through the courts as a means of granting an early release from prison in Ohio and being placed on probation. It’s not an automatic right, but it is something that can be applied for when serving a non-mandatory prison sentence. If someone is serving only a mandatory sentence (Ex. Felony 5 Domestic Violence with a pregnancy specification), they cannot be considered for Judicial Release.

So, here’s the breakdown for when we can apply for Judicial Release during a non-mandatory prison sentence:

  • If the sentence is less than 2 years: after being delivered to the prison -or- if the prison term includes a mandatory prison term, any time after the expiration of that mandatory prison term
  • If the sentence is 2 or more, but less than 5 years: after serving 180 days in prison -or- if the prison term includes a mandatory prison term, 180 days after the expiration of that mandatory prison term
  • If the sentence is exactly 5 years: after serving 4 years in prison -or- if the prison term includes a mandatory prison term, 4 years after the expiration of that mandatory prison term
  • If the sentence is more than 5, but 10 years or less: after serving 5 years in prison -or- if the prison term includes a mandatory prison term, 5 years after the expiration of that mandatory prison term
  • If the sentence is more than 10 years: not earlier than the later of (1) the date on which one has served half of his/her stated prison term, or (2) 5 years after serving any mandatory portion of a sentence. A stated prison term means the combination of mandatory and non-mandatory time imposed by the trial court.

Of course this is just a guide as to when one can apply for Judicial Release; the application process is something wholly unto itself that must be approached with great care and humility. It takes the right approach and the right attorney to guide you through this process to ensure that the motion is granted the first time around. Contact our office today to see how we can help you reunite with a loved one sooner rather than later.

 

Updated 11/3/17

2 Responses

  1. Amanda Turner

    I just wanted information for my boyfriend who is incarcerated. Just wanting to know what he would have to do to file for early release.

    • Amanda, I’m sorry to learn of your boyfriend’s incarceration. I would be more than happy to review with you his possible options, but will need to know more about his conviction(s) and the length of sentence he received. Please feel free to call me to discuss his case or to schedule an appointment: 216-245-9245. Thank you.

      Robert

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