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Getting out of prison early

On Behalf of | Aug 23, 2021 | Criminal Defense |

You might be able to leave prison before serving your entire sentence, and our experienced attorneys at The Law Offices of Saia & Piatt Inc. are here to assist you in getting out early.

Judicial release is a form of early release granted by your judge. When a judge grants judicial release, you are released from prison, the time remaining on your prison sentence is suspended, and you are required to serve between one and five years of community control (probation). After completing your specified duration of community control, both your previous prison sentence and further community control are terminated.

You are eligible for judicial release if you are serving a nonmandatory sentence or a sentence including both a mandatory and nonmandatory period. If you are eligible, you may initiate judicial release by filing a motion requesting a hearing with the court that sentenced you.

However, Ohio does not allow you to request a hearing whenever you want. Instead, Ohio requires you to file within a window of time specified by statute. That window depends on the length of your nonmandatory sentence and whether you have any mandatory sentences.

The following chart explains when an eligible person may request release:

Length of nonmandatory sentence First day you can file 
Less than 2 years You may file at any time after completing all mandatory sentences
More than 2 years and less than 5 years You may file after serving all mandatory sentences and 180 days of your nonmandatory sentence
Exactly 5 years You may file after serving all mandatory sentences and 4 years of your nonmandatory sentence
More than 5 years and less than 10 years You may file after serving all mandatory sentences and 5 years of your nonmandatory sentence
10 years or more You may file after serving all mandatory sentences and 50% of your nonmandatory sentence

The court may grant or deny your motion for a hearing. If the court grants your motion, you appear before the court and present your arguments in favor of early release. The judge determines if your release should be granted.

If the court denies your request without a hearing, future requests may be made. If the court denies your release at a hearing, judicial release cannot be granted in the future.

Because you may only get one chance to obtain judicial release, we strongly suggest you hire a knowledgeable attorney to help you through the process and ensure your best chances of success. Our attorneys at The Law Offices of Saia & Piatt Inc. will advise you throughout the process, file your motion on the earliest date permissible, and present evidence and arguments in favor of your release at your hearing.

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