Columbus Judicial Release Attorney

JUDICIAL RELEASE (“SHOCK” AND “SUPER SHOCK” PROBATION) IN COLUMBUS OHIO

If you are convicted of a felony crime in Columbus, Ohio, Judicial Release is a form of early release from prison that can be granted by your trial judge.  Judicial Release was formerly known as “Shock” or “Super Shock” Probation.  Under current law, however, Judicial Release has replaced the former procedures for “Shock” and “Super Shock” Probation, and is now the only way your trial judge can let you out of prison early after sentencing you to prison for a felony.

Section 2929.20 of the Ohio Revised Code governs your eligibility for judicial release.  You are not eligible, for example, if you are only serving a mandatory prison sentence.  Rather, you must be serving some non-mandatory prison time.  In addition, convictions for some Ohio crimes are not eligible at all for judicial release.

Determining your eligibility for judicial release, and, if eligible,  the appropriate time for you to file a motion for judicial release can be a complicated matter.  For that reason, you should hire an experienced criminal defense attorney to prepare and file a motion for judicial release for you.

If you are eligible for judicial release, here are some quick guidelines to review to help determine when you may file.

(1)  If your total non-mandatory sentence is less than two years, your motion may be filed after you have served 30 days in prison.  If your sentence includes mandatory time, your motion may be filed not earlier than 30 days after you have served the mandatory portion of your sentence.

(2)  If your total non-mandatory sentence is two years or more, but less than five years, your motion may be filed after you have served 180 days in prison.  If your sentence includes mandatory time, your motion may be filed not earlier than 180 days after you have served the mandatory portion of your sentence.

(3)  If your total non-mandatory sentence is exactly five years, your motion may be filed after you have served four years in prison.  If your sentence includes mandatory time, your motion may be filed four years after you have served the mandatory portion of your sentence.

(4)  If your total non-mandatory sentence is more than five years, but ten years or less, your motion may be filed after you have served five years in prison.  If your sentence includes mandatory time, your motion may be filed five years after you have served the mandatory portion of your sentence.

(5)  If your total non-mandatory sentence is greater than ten years, you may file the motion not earlier than the later of (1) the date on which you have served one-half of the your “stated prison term” or (2) five years after you have served any mandatory portion of your sentence.  A “stated prison term” means the combination of all mandatory and non-mandatory prison terms imposed by the sentencing court.

IN COLUMBUS, OHIO CALL FOR A FREE INITIAL CONSULTATION ABOUT JUDICIAL RELEASE IN YOUR CASE

Attorneys from our Columbus law firm are knowledgeable and experienced in determining eligibility for judicial release, and we have a proven record filing winning judicial release motions.  Call one of our Columbus criminal defense lawyers at 614.454.5010 for a free initial consultation about you or your loved one’s case.