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  #1  
Old 01-02-2013, 08:11 PM
GraceNhope26 GraceNhope26 is offline
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Default When can we apply for Early Judicial Release with a 17 year sentence?

For early judicial release if they have 17 yrs when can we start to file? He is classified as a violent offender. Min. Is 3yrs for gun spec. I've heart "truth in sentencing" law, I've heard they have to serve 99%, I'm so confused I need hope. plz
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  #2  
Old 01-02-2013, 08:13 PM
GraceNhope26 GraceNhope26 is offline
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Oh yes can they do "shock" is that ankle bracelet and do early release...
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Old 01-05-2013, 01:22 PM
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I am very sorry. The State of Ohio does not allow anyone sentenced to more than 10 years to apply for judicial release as per Ohio Revised Code Section 2929.20. He will have to serve the full 17 years.

You should have your attorney look into filing for a sentence reduction, an appeal to the conviction, etc. DO speak with an attorney - that will be the only way to handle this.

Sending positive thoughts your way....
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Old 01-07-2013, 04:55 AM
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soozecat..what if he's doing 10 years for one crime and 5 for another? no mandetory time? cant get a clear answer on that one
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Old 01-07-2013, 06:58 PM
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soozecat..what if he's doing 10 years for one crime and 5 for another? no mandetory time? cant get a clear answer on that one
Anything at 10 years or more. If it was nine years, 364 days (one day short of ten years), judicial release would apply. They really make it difficult!

With the ten and five - are they being served concurrently or consecutively? However, I don't think it's going to matter - the ten year mark would be counted first. And remember... The date you can file is from when they first enter the prison - not the sentencing date.
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Old 01-07-2013, 10:26 PM
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With regard to SB 86 and sentencing and early outs, this might provide more insight:

http://www.opd.ohio.gov/Legislation/...entSummary.pdf
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Old 01-07-2013, 10:55 PM
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before hb86 there was no judicial for anyone with a sentence over 10 years but the good news for you is that with hb86 that took effect in Ohio September 2011 says, any sentence over 10 years you can apply for judicial after half of the time is served, this time starts after he was at the actual prison not county jail. Days credited do not count toward judicial, and sometimes the time starts after a mandatory sentence is already served. It depends but read the section on judicial release of hb 86 to get a better understanding and then go from there...
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Old 01-08-2013, 08:58 AM
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thank you both for your answers! this month he did the half of his sentence (prison term) so we can file if I understand it correctly (sorry from another country ) we want to file the 1st time by ourselves. bc I think they deny that one. any tips trick to write a good motion? and what has to be in the family letters? any advice is very very welcome! also good recommondations for a lawyer...Bc im not from the area its difficult to look for a good one..
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Old 01-08-2013, 09:46 PM
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That gun spec may hold it up a bit though, I know with some mandatory sentences they have to be served before the time starts to count down for judicial release. Make sure you get a free consult to be sure you can file now so there are no surprises...
We are not to the point of being able to file for judicial release yet (another 4 1/2 years) so I am really not sure how the process works. Try to search for criminal defense attorneys in Ohio, somewhere in or close to the county he was convicted by that is where the court hearing will be. Try to find one who will do a free consultation so you can get a feel for them and possibly get some information on what you need and can expect. Do a search on the internet and a list of attorneys in the area you need will come up. Good Luck!!!
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Last edited by MissingShaun; 01-08-2013 at 09:49 PM..
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Old 01-09-2013, 05:57 AM
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Quote:
Originally Posted by GraceNhope26 View Post
For early judicial release if they have 17 yrs when can we start to file? He is classified as a violent offender. Min. Is 3yrs for gun spec. I've heart "truth in sentencing" law, I've heard they have to serve 99%, I'm so confused I need hope. plz
.

3 yrs. Plus half the 14 which is 7 years. So ten years. Mandatorys are not included
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Old 01-09-2013, 09:31 PM
GraceNhope26 GraceNhope26 is offline
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We did speak with a lawyer and he said he only has to serve half because of new law and then can file for judicial. Truth in sentencing is from 1996? Lol but I am glad its half and not the whole sentence!
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Old 01-11-2013, 03:46 PM
SoozeCat SoozeCat is offline
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Quote:
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3 yrs. Plus half the 14 which is 7 years. So ten years. Mandatorys are not included
Scoop... how are you figuring this out? What if someone has seven years, stated, with SO charges? And sentenced in 2010? Why does it seem that nothing is available to people with this label? Seems discriminatory to me. Murderers get better treatment.
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Old 01-30-2013, 06:30 PM
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Quote:
Originally Posted by GraceNhope26 View Post
We did speak with a lawyer and he said he only has to serve half because of new law and then can file for judicial. Truth in sentencing is from 1996? Lol but I am glad its half and not the whole sentence!
I do not want to be the bearer of bad news but judicial release is very rare in ohio - especially for violent offenders - almost impossible...if you're going to file i would highly recommend you use an attorney as your chances are ever lower filing yourself. good luck..expect the worst...hope for the best.
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