Every year, in about mid-November, I get a ton of phone calls asking about applying for Judicial Release in time to get a loved one out in time for the holidays.
Sadly, in many of these cases, I have to let the loved one know they are too late for the holiday season, but we can begin working on an application for the new year.
As I always tell people, Judicial Release is not an instant process. A proper Judicial Release motion can take months to be granted -- even when all of the information is ready to go.
As a general rule, Judicial Release is a three-phase process:
FILING
Judicial Release in Ohio is governed by Ohio law. The first step in any judicial release motion is determining if an inmate is eligible for Judicial Release. This is a relatively simple process that involves looking at an inmate's sentence, determining if they have completed all of their minimum sentences (if applicable), and then determining if he or she has served the minimum amount of time to file for Judicial Release.
Second, a skilled attorney then accumulates documents to try to persuade a Judge to grant Judicial Release. The documents can include letters from the inmate and his family; certificates of completion of prison programs; job or educational letters; and even letters from victims. The attorney then puts the documents together into a Motion that is filed with the court that sentenced the individual.
If the inmate was sentenced by multiple judges or in multiple counties, he or she has to file in each of the counties for which the inmate is actively serving a sentence. For example, if an inmate is actively serving a sentence from both Summit and Cuyahoga counties, the inmate's attorney must file in both counties and with both judges. However, if the sentence has expired in one of those counties, then the inmate only needs to file in the county with the Judge for whom he or she is actively serving a sentence.
The process of gathering documents and filing the motion can take anywhere from a few days to a few weeks, depending on the inmate and the documents they wish the Judge to consider. This is why I often tell people to plan in advance before consulting an attorney.
Once the Judicial Release motion is filed, the State and any crime victims have an opportunity to respond. This can take anywhere from a few days to a few weeks, and they may choose not to respond at all. This is when the Court will initially review the matter and either (1) deny the motion outright or (2) set the matter for a Phase One hearing.
Phase One
A Phase One hearing is usually the first time the attorney for the inmate, the prosecutor, and the Judge will have an opportunity to discuss the Motion. The inmate is not present for Phase One hearings, but members of the inmate's family and their supporters can be present.
The Judge will often hear arguments about the original crime; the inmate's performance in prison; the impact and risks on the community; the inmate's plans upon release; potential programing available for the inmate (i.e. drug treatment, job training, etc.); and any other information the Court deems necessary in determining if Judicial Release is appropriate.
The Court can grant a Phase Two hearing; deny the motion outright; or hold the motion in abeyance. Sometimes, Judges will want an inmate to serve a little more time or have a defined period of good behavior in prison, which is why they may hold the motion in abeyance or deny the motion.
If a Judge denies the motion, it does not automatically mean that the inmate cannot refile it in the future. Further, Judges do not need to tell an inmate why they denied the motion as the decision to grant or deny a Judicial Release motion is within their complete discretion.
If a Judge grants a Phase Two hearing, a second hearing will be scheduled.
Phase Two
At a Phase Two hearing, the inmate is usually returned to the local jail. This is the hearing where the inmate has the opportunity to tell the Judge what he or she has learned while incarcerated; express their remorse for their crimes; and explain how they will keep from returning to jail or prison.
If the Phase Two hearing is granted, the inmate will generally be released on community control (probation) and the remainder of their sentence will be suspended.
If the inmate violates the terms of his or her Judicial Release and community control, they can be returned to the prison system to serve out the remainder of his or her sentence. If this happens, he or she cannot reapply for judicial release and must complete their prison sentence.
If they complete community control, the remainder of their sentence evaporates and goes away. The hope of those in the criminal justice system is that the former-inmate has learned how to succeed in the community and live a law-abiding life.
Timing
The whole process of applying for and being granted Judicial Release depends on the specific court, judge, and facts of the inmate's case. At a minimum, it takes six-to-eight weeks, but it can take even longer depending on a number of factors.
This is why we strongly encourage people to begin filing for Judicial Release as soon as possible. Many inmates begin working with VanHo Law as soon as they arrive in the institution; this allows us to begin working on a strategy that best-increases the likelihood of a Motion being granted and allows us to have the motion ready-to-go on the first date they can file.
In other cases, inmates or their families will contact us around the time they are eligible to file. This may slow down the process slightly, but given our skill and experience with these motions, we are able to get it filed as soon as we get the requested documents.