Judicial Release & Motions to Mitigate
In certain circumstances, an individual who is sentenced to serve time in prison for one or more felony charges is eligible to file for judicial release, the mechanism that allows the sentencing judge to reduce the prison sentence. The eligibility for this is governed by the Ohio Revised Code.
When an individual is sentenced to serve time in the local jail, with some exceptions it is possible to obtain early release by filing a motion to mitigate. Such a motion is similar to a motion for judicial release. A motion to mitigate can also be filed to ask the sentencing judge to shorten a period of probation or to relax certain conditions of probation.
When filing any of these motions, it is important for an attorney to help lay some groundwork to ensure the highest probability that it will be granted, because this is entirely up to the judge.