Legal Question in Criminal Law in Ohio

Is it better to have an attorney file for a judicial release than do it pro se?

Asked on 1/13/10, 4:30 pm

1 Answer from Attorneys

Justin Smith J.M. Smith Co., LPA

It would be better to have an attorney file for judicial release to ensure the best chance of success and that you comply with the applicable rules. Additionally, an attorney in your area will know what the judges are looking for when considering a motion (i.e., rehabilitation, certificates completed while incarcerated, family, job prospects, place to live, etc.) and will be able to argue effectively on your behalf if the motion is set for hearing (many are). Additionally, the attorney will be able to tell you if and when you are eligible under the applicable guidelines and strategically when to file so that you have the best change of success (if you file too soon or without sufficient proof of rehabilitation the judge may simply deny the motion).

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Answered on 1/18/10, 6:20 pm

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