We filed a motion for a judicial release several months ago ,prosecutor opposed ,reep responded but have heard nothing from the judge and it has been going on five months. My understanding was an answer would be forthcoming within 60 days of the filing. I am confused and concerned because I do not understand what could be the delay in answering as to whether or not a hearing will be granted. Over half the sentence has been served. Is this normal? I have an attorney because I thought the chances would be better having representation but he just keeps saying be patient and maybe if I understood what I am being patient for it would be easier. I had read the judge could extend it for add'l 180 days but would he not let some one know that he was doing that and why?
Quick answer to your question, your lawyer should check with the court bailiff to see if the motion is still on the radar. Sometimes judges defer to a recommendation from the probation department, so that could be one explanation for the delay. Still, if it's been "several months", your lawyer should check with the court, to see if it plans on ruling on the motion for judicial release either way anytime in the near future. You are sort of a Catch 22 however. Since the granting of the motion is purely discretionary with the court, you definitely don't want to take some antagonistic action against the judge, such as filing a writ. I would tell your lawyer to kindly check on the status of the motion with the court bailiff.
Under the Ohio Revised Code, a Judge can deny a motion for judicial release with or without holding a hearing. Judicial release can be granted only after a hearing is held, and that hearing must be held within sixty (60) days of the filing of the motion, thought that hearing date can be moved by the Court for good cause up to 180 days from the date of the filing of the motion. And yes, the Court would notify all parties of its decision in the form of a journal entry. You can visit you county clerk of court website and look the case number up to check the docket for a listing of the Court's journal entries in the case.
There is actually no deadline for a decision on the motion. However, for so much time to have passed, it seems likely that the motion was denied without a hearing and that you can refile at some point in the future. It is also possible that a decision is being held because the motion was filed too early in the Court's option, or because as mentioned, probation has made a recommendation to hold it. If too much time passes, the motion becomes stale, because surely the person who is incarcerated has continued to take classes and receive certificates, so a supplement with new support for the motion could be filed to get it back in front of the Judge. Good luck!
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They probably just lost it somewhere. You should have a lawyer ask them for an update.
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