Seeking Early Release in Ohio: Understanding the Motion for Judicial Release

In Ohio’s criminal justice system, individuals who have been sentenced to prison may have an opportunity to seek early release through a legal process known as a Motion for Judicial Release. This motion, filed after a period of incarceration, requests the court to reconsider the original sentence and grant an earlier release from confinement. Understanding the eligibility requirements and limitations of this motion is crucial for both the incarcerated individual and their legal counsel.

What is a Motion for Judicial Release?

A Motion for Judicial Release is a formal request submitted to the sentencing court asking the judge to grant an early release from prison. It’s a post-conviction mechanism that allows the court to review the circumstances and consider whether continued incarceration is necessary.

Important Restrictions: Mandatory Time

It’s critical to understand that a Motion for Judicial Release cannot be filed while an individual is serving mandatory time imposed by law. A common example of this in Ohio is a firearm specification. If your sentence includes a mandatory term of imprisonment due to a firearm specification, you must complete that mandatory portion before becoming eligible to file a Motion for Judicial Release.

Eligibility Based on Sentence Length

The timing of when you become eligible to file a Motion for Judicial Release is directly tied to the length of your original prison sentence. Here’s a breakdown of the eligibility guidelines in Ohio:

• Sentence of Less Than Two (2) Years: Individuals serving a sentence of less than two years are eligible to file a Motion for Judicial Release immediately upon their imprisonment.
• Sentence of Two (2) to Five (5) Years: For sentences falling within this range, a Motion for Judicial Release can be filed after the individual has served a minimum of six (6) months of their sentence.
• Sentence of Exactly Five (5) Years: Individuals sentenced to exactly five years become eligible to file a Motion for Judicial Release after serving four (4) years.
• Sentence of More Than Five (5) Years, Up to Ten (10) Years: If your sentence is between five and up to ten years, you can file a Motion for Judicial Release after serving five (5) years or, if the prison term includes a mandatory prison term or terms, not earlier than five years after the expiration of all mandatory prison terms.

Increased Eligibility with Longer Sentences

As the prison sentence increases beyond ten years, including the Motion for Judicial Release, can be challenging. If you or a loved one is seeking information or assistance with a Motion for Judicial Release, it is essential to consult with an experienced criminal defense attorney. At Harris Law Firm, LLC, we can assess your eligibility, guide you through the process, and advocate to the  court on your behalf.