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Judicial Release - Who Qualifies?

If you have a friend or relative who has been incarcerated, you want them home as soon as possible. Judicial Release is one way in which an incarcerated individual may be able to come home early.

Judicial release may be granted by the sentencing judge under the following conditions:

  1. The defendant is serving a non-mandatory sentence. Any mandatory sentence must be served in full and is not eligible for judicial release.
  2. After the following time periods:

Sentence

When Motion Can be filed

Less than 2 yrs.

After 30 days

2-4 yrs.

After 180 days

5 yrs.

After 4 years

5-10 yrs.

After 5 years

10+ yrs.

After half of the term is served or 5 years after any mandatory sentence

Even if someone is technically eligible for judicial release, the decision to grant such a motion is solely in the hands of the judge. A well-drafted and persuasive motion and oral argument at the hearing will increase the likelihood of release.

Determining if and when a motion for judicial release can be filed and filing such a motion can be complicated, but we are here to help. Call one of our criminal defense attorneys for a free consultation.

Jessica D'Varga is an Associate Attorney with The Law Offices of Saia & Piatt, Inc. Her practice is focused on defense for clients accused of OVI, traffic offenses, and other criminal matters.

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