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Old 07-03-2018, 12:17 AM
purpleangel01 purpleangel01 is offline
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Red face Prosecutor & Judge agreed to Judicial Release after 6 months, its been 8.

Hi
I have a son incarcerated in noble.
He was sentenced for 3 year's.
The prosecutor and judge at sentencing agreed that if he got no tickets write up tattoos no positive test for drugs he could file for judicial and get out in 6 months. The judicial was filed the prosecutor filed and agreed that he could get out and the judge denied it.
My son for facts did everything he was supposed to. His attorney is a joke took his money now has every excuse about seeing the judge. It's now been 8 months in my son is still in prision not knowing when he'll get out. His papers say 6 months. I'm aware that he could file for judicial in 6 month's and that doesn't mean he would but the agreement was that he would. When I look at odc it says judicial at 80% of time. It's usually the prosecutor that denies you. I went and waited to speak to the judge and he told he would look into it. He also said that normally no one gets out in 6 months. The attorney did at least remember the judge and prosecutor said 6 months. The attorney isn't doing his job. Also how come when someone is denied you're not given a reason why or when or what you need to do to get out ?
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Old 07-03-2018, 05:36 AM
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What exactly do his sentencing papers say? Do they say he could file for Judicial Release after 6 months? Or that he would be released after serving 6 months?

From what I understand, he could not even file for Judicial Release until he had served 6 months (per R.C. § 2929.20). Did he wait 6 months to file? FYI: His time in county does not count towards the 6 months.
Quote:
(2) If the aggregated nonmandatory prison term or terms is at least two years but less than five years, the eligible offender may file the motion not earlier than one hundred eighty days after the offender is delivered to a state correctional institution or, if the prison term includes a mandatory prison term or terms, not earlier than one hundred eighty days after the expiration of all mandatory prison terms.

Did the denial say With or Without Prejudice?
Quote:
(D) Upon receipt of a timely motion for judicial release filed by an eligible offender under division (C) of this section or upon the sentencing court's own motion made within the appropriate time specified in that division, the court may deny the motion without a hearing or schedule a hearing on the motion. The court shall not grant the motion without a hearing. If a court denies a motion without a hearing, the court later may consider judicial release for that eligible offender on a subsequent motion filed by that eligible offender unless the court denies the motion with prejudice. If a court denies a motion with prejudice, the court may later consider judicial release on its own motion. If a court denies a motion after a hearing, the court shall not consider a subsequent motion for that eligible offender. The court shall hold only one hearing for any eligible offender.
I hope this helps answer some of your questions and that your son can refile. Good Luck!! Welcome to PTO
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Old 07-03-2018, 07:59 AM
fbopnomore fbopnomore is offline
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Welcome to Prison Talk.

The reason your Son wasn't released was because of the judge, not his lawyer. If his sentencing judge wanted him out after 6 months, he wouldn't have been sentenced to 3 years. File again after whatever time required between applications expires, and hope for a better result the second time.
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