Expungement or Record Sealing

Expungement or Record Sealing

Serving Akron, Canton, Summit County, Portage and Medina, Ohio.

By seeking Judicial Release, it may be possible to reduce prison time in Ohio. Some may know this term better as “Shock Parole” or “Ship and Shock.”

Judicial Release allows a prisoner to request a release from prison to community control (parole) prior to their sentence ending. To help determine if you are eligible for judicial release and to help walk you through the process, an adept and experience criminal defense lawyer is needed. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals in order to get the best possible outcome.

How Judicial Release Works

• A state prisoner may apply for early release in Ohio if certain stipulations are met such as:
  
•  The convicted offense was not specifically excluded (most common offenses meet eligibility).
  
•  Served any mandatory prison time.
  
•  Served some specific portion of the non-mandatory prison time
  
•  There is not an agreed-upon sentence for a definitive amount of prison time.

When determining if a prisoner is eligible, the total sentence must be taken into consideration. Any mandatory time must be served but a portion of the remaining sentence still remains. If the sentence given is longer, the time served must be respectively longer prior to making the request.

Unfortunately, time spent in the local jail awaiting trial or sentencing does not count towards time served for requisite minimums. The overall time served for judicial release begins when a prisoner is delivered to prison for calculation purposes.

Only once the mandatory time has been served a motion for Judicial Release can be filed. Any motion for judicial release is filed with the court that did the initial sentencing.

The court may issue a denial without a hearing or schedule a hearing on the matter. The prison will send the judge a report to review any activities the offender participates in while incarcerated such as rehabilitation, any disciplinary issues, therapy, or education if a hearing is scheduled. Further, the court will be made aware of any violations while the individual is incarcerated, such as fighting and rules violations. While the prisoner is only

allowed to attend the first hearing by court approval, their attorney may always present oral or written communications to relay information. The court will also allow statements by interested parties, such and victims and the prosecuting attorney.

Early release from prison may be allowed under other special instances. These include if the prisoner is:

• In imminent danger of death
  
• Medically incapacitated
  
• Suffering from a terminal illness

These circumstances require a certification from the prison system to prove that a condition exists.

What Will an Experienced Criminal Defense Lawyer Do?

To improve chances of success, Judicial Release must be taken seriously with the best help possible as there’s only one chance at requesting it. The attorneys at Hoover Kacyon LLC

can counsel on the appropriate actions and steps to give a judicial release motion the

highest chances of success.

After applying for judicial release there are some possible outcomes:

• If the motion is denied by the court without either a hearing or prejudice, you may apply again.
  
• If the motion is denied by the court without a hearing but with prejudice, the court may decide to reconsider on its own but you may not reapply.
  
• If there is a hearing and the motion is denied, then the court may not reconsider nor may you reapply.

Call the Criminal Defense Lawyers at Hoover Kacyon Today

Trying to secure judicial release is a serious matter. Hoover Kacyon LLC has the overarching goals to fight for your cause, protect your interests, provide reasonable and prompt resolutions to your matter, and do it all with professionalism and honor. Call your Summit County attorneys right away at 330-922-4491 or contact us online to make an appointment.