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How do I write a letter to the judge asking for and early release for my husband in prison?

Cincinnati, OH |

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.

Attorney Answers 2


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
Suite 103
Youngstown, Ohio 44512-4238
330.629.9030 Ext. 111 Phone
330.629.9036 FAX

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

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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.

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Okay you have really helped me out alot. And I want to asked you a few more questions and to say that there was a distinction in what the judge ordered. He toolk the plea deal and he allowed the Judge to sentence him. In his sentencing she just gave him 2 years and he had already 18 time served days. My other questions are as follows: (These are from my husband) 1. How long have you been in buisness? 2. Have you ever had any cases in Hamilton County? 3. What are his chances of getting a judical release with him already serving since March 14, 2012? 4. How long should he wait to file for his judicial release? 5. What is your success rate in win, win cases? 6. Have you filed for a judicial release before and what is your case ration there? 7. What tactics would you use to best secure his early release? 8. How much do you charge to file a judical release? 9. If I have all the paper work that is needed to file what still would you charge me? It would really help me out alot if you could answer some if not all of those questions please and thank you.

Bryan Mark Pritikin

Bryan Mark Pritikin


I cannot answer what his chances are, but with a sentence of under two years, he is eligible to apply for Judicial Release after 30 days. If he was sentenced to more than two years but less than five, he can apply for Judicial Release after 6 months. There are many factors a Judge will look at to determine if his release will be granted. Feel free to contact me at 614.443.0516 so I can help you with this problem.

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