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Judicial release, Cuyahoga County.

Cleveland, OH |

my cuzin took a deal for a gun/drug case. his sentence is "3 years stated" and 2 years mandatory/ gun specification. he began his sentence 1/1/2011 and has an additional 260 days of time served credit, with both of these times combined he has about 2 1/2 years served total out of the 5 years total he got. My question is when can he file, does his time served get counted "up front" for the "wait period" to file? This was his first case by the way and he has perfect behavior since day one in prison. What do you recommend we do and what is the chance of getting out early? Thanks

***** Are there any other programs he can apply for to get out early in Cuyahoga county court?

Attorney Answers 4

  1. I hope you get some useful information from an attorney licensed in your part of Ohio who responds to your question. What you are going to need to do is actually speak with a qualified attorney in your area. We have several attorneys with the needed skill and experience from your area who participate here. Reach out to them to have a conversation. Most of us offer free, if limited, consultations. Use the opportunity to interview candidates for the job of helping your cousin. Good luck.

  2. The local jail credit does not count for judicial release. The judicial release time would start once he was delivered to a ODRC (Ohio Department of Rehabilitation and Corrections) facility (i.e. prison intake). He then has to serve the two years of mandatory time straight before becoming the clock starts running on his judicial release. Based on what you provided and without seeing the actual sentencing entry I would say 180 days after the completion of the mandatory two years. You should hire him an attorney who can start prepping the paperwork and file it on his ready date. Good luck.

    Attorney Chris Beck
    Beck Law Office, LLC
    Dayton, Ohio

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner

  3. Jail credit does not figure into judicial release. Contact counsel and discuss it.

  4. I agree with Mr. Beck. However, you may want to check the sentencing judgment entry because there is no 2 year gun specification sentence in Ohio that I'm aware of.

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