Toledo Judicial Release Lawyer

Learn If You’re Eligible for Early Release from Prison

Many criminal convictions are punishable by several years in prison. Being locked up for any length of time can wreak havoc on all aspects of your life. If you are serving a non-mandatory prison sentence, you may be eligible to request judicial release. This post-conviction relief option is an attempt to get the sentencing court to reduce the amount of time you are required to spend in prison.

When you work with Patituce & Associates, our criminal defense team can help you present a persuasive argument for your early release. Our Toledo judicial release attorneys have over 70 years of combined experience and have a comprehensive knowledge of post-conviction procedures in Ohio. If you are looking for an aggressive advocate who is willing to relentlessly fight for a favorable outcome, we are the firm for you. 

If you would like to learn more about your options for a prison sentence reduction, contact us at (419) 757-8408 now to speak with a Toledo judicial release lawyer.

What is the Process for Applying for Judicial Release in Ohio?

The process of obtaining judicial release begins with filing a motion to the sentencing court. One of the most critical parts of your application is a memorandum that establishes the reasons you think you should be given early release from prison. This includes information pertaining to any programs and treatments you have gone through during your imprisonment and an explanation of your rehabilitation progress.

To file for judicial release, you must meet the minimum stay requirements for the duration of your sentence.

The time restrictions for filing include:

• Less than two years: after your prison sentence begins
• Two to five years: after 180 days
• Exactly five years: after four years
• Five to 10 years: after five years
• More than 10 years: after half the sentence

For those who have a mandatory and non-mandatory prison sentence, the time they serve for their mandatory sentence does not count towards the time restrictions for their non-mandatory sentence. In other words, you must complete the mandatory sentence before you start counting the days until you can file for judicial release for the non-mandatory sentence.

The Results of Filing a Motion for Judicial Release

Some motions for judicial release are denied without giving the applicant a hearing. Alternatively, a court may schedule a hearing if they wish to gather additional information before making a decision. During the hearing, you will have an opportunity to present your case before a judge. Should this still result in a denial, you will not be permitted to file another motion for early release.

A successful motion means that a judge has agreed to reduce your prison sentence. Once you are released, you will be under community control for one to five years. You must meet the terms of your release in order to have the remainder of your sentence eliminated. If you fail to keep the conditions, it could result in being put back in jail until the completion of your sentence.