My husband is in prison and the judge gave him 2 years, they told him that he could file for a judicial release after doing 6 months. Well he has asked people to write impact letters to the judge so that he can include them in his packet. With this being is first felony is it likely that he would get out in a decent time or would he have to do the 2 years. He was charged with aggravated burglury and felonious assult which came with a min of 2 years and a max of 8. Well he plead out to just the assult and she gave him 2 years.
Criminal Defense Attorney
The short answer is that your letter by itself will probably not result in your husband getting Judicial Release; he or his lawyer really need to file a formal Motion with the Court in order to get a real ruling.from the Judge.
The good news is that he can file it after only serving 30 days inside the prison. Here is the language straight out of the Ohio Revised Code, Section 2929.20:
(C) An eligible offender may file a motion for judicial release with the sentencing court within the following applicable periods:
(1) If the aggregated nonmandatory prison term or terms is less than two years, the eligible offender may file the motion not earlier than thirty 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 thirty days after the expiration of all mandatory prison terms.
For a first offender, I think your husband is an ideal candidate. So keep those character letters together, along with a letter from his employer saying what a valuable addition he was, etc.and you should be in good shape.
I hope this answers your question. Good luck in the case!
Atty. Dennis A. DiMartino
1032 Boardman-Canfield Road
Youngstown, Ohio 44512-4238
330.629.9030 Ext. 111 Phone
The above information is shared for educational and discussion purposes only. No Attorney-Client relationship is intended or established through your reliance on the information provided. If your legal rights could be impacted by using this information, you are urged to seek legal counsel before taking action. Atty. Dennis A. DiMartino 1032 Boardman-Canfield Road Suite 103 Youngstown, OH 44512-4238 330.629.9030 Ext. 111 Phone 330.629.9036 FAX Dennis.DiMartino@gmail.com
Did your husband enter into a plea deal with the State for a specific amount of time or did he just plead to a charge and allow the Judge to sentence him?
The distinction is important because if he entered into a plea deal he will likely have to do the entire two years and will not be eligible for judicial release. He should have had any days he spent in jail prior to sentencing applied to his sentence. If his judge sentenced him, then he could apply for judicial release and will also likely be eligible for days of earned credit, i,e,, time for good behavior.
I can help you with this problem. Feel free to contact me with any questions.