my brother 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?
Criminal Defense Attorney
The time served credit does NOT count towards judicial release. He would have to serve the entire 2 year spec and then would start his 3 year non-mandatory sentence. He would most likely then be eliglbe in six months. He would have to be actually in prison for 2-1/2 years before he can file. Judicial release is a tough situation and requires a good attorney who knows what they are doing. Good luck.
Ohio Criminal Defense
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