Judicial Release
There is an avenue to reduce prison sentences before the entire prison term is served: Judicial Release. Ohio law specifically states that no one is entitled to having their sentence reduced through Judicial Release; however, if you serve the requisite amount of your sentence (see below), engage in programming, respect the prison staff, and follow the institution’s rules, you may be a good candidate for Judicial Release.
Statutory Eligibility
- If the non-mandatory prison term is less than 2 years, the offender is eligible to file after serving just 30-days in prison.
- If the non-mandatory prison term is more than 2 years but less than 5 years, the offender is eligible to file after serving 180 days (6 months) in prison.
- If the non-mandatory prison term is 5 years, the offender is eligible to file after serving 4 years in prison.
- If the non-mandatory prison term is more than 5 years but less than 10 years, the offender is eligible to file after serving 5 years in prison.
- If the non-mandatory prison term is more than 10 years, the offender is eligible to file after serving one-half of the prison term.
If you were sentenced to a partially-mandatory prison term, the clock does not start ticking on this eligibility calculation until after you serve the entirety of the mandatory prison sentence.
For example: You were sentenced to a 6 year sentence in prison (3 years mandatory, 3 years non-mandatory), you will be eligible to file for Judicial Release after serving 3 years, 6 months.
Hayes Law regularly files Motions for Judicial Release for our eligible clients. Contact us today if you or a loved one have been sentenced to a period of incarceration and want to discuss whether you or your loved one is eligible to file for judicial release.