Legal Question in Criminal Law in Ohio

Judicial Release

I would like to know what are some of the things that will occur at a hearing on a motion for judicial release if the offender is not present. Also can the judge rule on the motion that day? If so will the offender be released that day or do we have to come back to court at which time the offender will be release. Also what are some of the reasons a judge will ok a motion for judicial release? My husband is currently incarcerated at Chillicothe Correctional Institution. In Chillicothe, Oh for nonsupport, which is a felony 5

Asked on 3/13/02, 4:26 pm

1 Answer from Attorneys

Michael Brandabur Brandabur Law, LLC

Re: Judicial Release

Judicial Release is governed by Ohio Revised Code 2929.20. If there is to be a hearing, the Defendant will be present if only ordered by the court. The Judge can deny the motion without a hearing, but can only grant the motion with a hearing. Section G of R.C. 2929.20 specifies only one factor the Court must consider, a Victim Impact statement, the Court then should use its discretion in what factors to consider in a motion for judicial release, while observing that the overall purpose of criminal sentencing is to provide a deterrence effect, retribution and rehabilitation.

If the court holds a hearing, the court must render its decision within 10 days. If no hearing is held, they have 60 days. I can only speak about the counties that I practice in, the judge frequently orders release on the day of the hearing. The defendant is processed out within a few hours of the decision.

Hope this was helpful.

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Answered on 3/13/02, 10:07 pm

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