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Understanding Post-Conviction Motions:

Focusing on Judicial Release

Navigating the legal system after a conviction can be complex, especially when considering options for early release. One avenue some individuals explore is filing a post-conviction motion, specifically a motion for judicial release. This blog post will break down the basics of these motions, focusing on eligibility and timelines.

A motion for judicial release is essentially a request by a prisoner to be released from prison before their full sentence is served. It’s a plea to the court, arguing that circumstances warrant an early termination of their incarceration. However, there are crucial limitations and eligibility requirements that must be understood.

Key Point #1: Mandatory Time Bars Judicial Release

Perhaps the most critical factor is that a motion for judicial release cannot be filed while an individual is serving mandatory time. This often applies to enhancements to a sentence, such as time added for a firearm specification. If a portion of the sentence is mandatory, that time must be served before any motion for judicial release can be considered.

Key Point #2: Sentence Length Determines Eligibility

The length of the original sentence plays a significant role in determining when a motion for judicial release can be filed. Here’s a general breakdown:

  • Sentences under 2 years: A motion can be filed immediately upon arrival at prison.
  • Sentences between 2 and 5 years: A motion can be filed after serving 6 months of the sentence.
  • 5-year sentence: A motion can be filed after serving 4 years.
  • Sentences between 5 and 10 years: A motion can be filed after serving 5 years.

It’s important to note that eligibility increases incrementally for sentences longer than 5 years. The longer the sentence, the longer the waiting period before a motion can be filed. It’s always best to consult with legal counsel for specific timelines related to individual cases.

Why This Information Matters

Understanding these two key points – the prohibition during mandatory time and the sentence-length dependent eligibility – is crucial for anyone considering a motion for judicial release. Filing prematurely or during a mandatory period will likely result in a denial.

Disclaimer: This blog post provides general information about post-conviction motions and judicial release. It is not a substitute for legal advice. The specifics of these motions can be complex and vary depending on jurisdiction and individual circumstances. It is essential to consult with a qualified attorney to discuss your specific situation and determine the best course of action. They can provide personalized guidance and help navigate the legal process.

Categories: News, ResourcesBy Felice Harris, Esq.
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Author: Felice Harris, Esq.

Attorney Felice Harris began her legal career as an appellate attorney with the Office of the Ohio Public Defender and, after navigating the complexities of post-conviction practice, prosecuted misdemeanor offenses with the Columbus City Attorney. Shortly after returning to OPD, she began supervising the Juvenile Division where she managed on and off-site staff, prepared budgets, drafted grants, spoke at conferences, testified before the Ohio legislature, and collaborated with local and state agencies. The consummate learner, Ms. Harris holds a Master’s degree in Counselor Education and was awarded the CUNY Graduate Center Presidential MAGNET Fellowship (2003 – 2007) as she pursued a Ph.D. in Criminal Justice. In 2009, Attorney Harris opened her first solo practice, handling delinquency, criminal, A/N/D, and appellate matters. Currently, Ms. Harris focuses solely on appeals and post-trial motions. Ms. Harris is licensed to practice law in Ohio, the Federal District Courts for the Northern and Southern Districts of Ohio, the Sixth Circuit Court of Appeals, and the United States Supreme Court.

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