At Graham Law, our criminal defense attorneys have been helping people with judicial release for almost 100 years now. Ohio Revised Code (ORC) Section 2929.20 outlines the legal framework for judicial release and was previously referred to as “shock probation”. Judicial release essentially allows offenders who are eligible and are serving non-mandatory prison sentences a chance for an early release. In most cases, the judge or their successor holds the authority to grant a judicial release and an attorney from our law firm can help with this process.
Eligibility for Judicial Release
The most important factor in determining whether you are eligible for judicial release is that you must be serving at least one non-mandatory sentence. You are not eligible if you are serving a mandatory sentence.
The second factor is that you’ve completed a portion of your sentence. While there is no mandatory minimum time served, the judge will consider how long you’ve served your sentence and your behavior and conduct in prison.
There are also exceptions in these instances. For example, if you are a public official who has been convicted of a specific felony or are an individual serving a life sentence, you are disqualified from eligibility for judicial release.
Process for Judicial Release
If you are eligible for judicial release, the process starts with filing a petition with the clerk of the court in the county where you were convicted. This is referred to as a Motion for Judicial Release. Our criminal defense attorneys can assist with this process to ensure you’re following the correct process. The judge will consider numerous factors when assessing your petition including things like the reasons for the original offense, your behavior in prison, rehabilitation efforts and possibly your chances of re-offending. They may even look for things like genuine remorse on your part. If the petition is approved, your remaining prison may be converted into probation. Once the petition is accepted for filing, the judge has up to 60 days to either grant or deny the motion.
There are a lot of complexities in navigating this area of law, which is why we recommend you work with an experienced criminal defense attorney when applying for judicial release.
Contact Graham Law for Legal Assistance With Judicial Release in Ohio
At Graham Law, we have offices in Zanesville and Cambridge, Ohio to help serve you better. However, we can represent clients throughout Southeastern and Central Ohio thanks to virtual technology. Contact our criminal defense attorneys today for immediate legal assistance and let us put our experience to work for you.
