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    LostinOhio1968's Avatar
    LostinOhio1968 Posts: 1, Reputation: 1
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    #1

    Jun 6, 2008, 09:57 PM
    Judicial Release.
    Does any one know who I would ask for a Judicial Release or how to do it?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 7, 2008, 05:20 AM
    Hello lost:

    I've been around criminal law for around 40 years now, and I never heard of such a thing. Tell me what it is, what you did, and what it's supposed to do.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 7, 2008, 05:32 AM
    Ohio has a strange law, after someone is sentensed to prison and/or after they have their probatoin revolked and are sentensed to prison,

    They are allowed to make a motion to a judge to be released on probation, it is a power allowed to judges in Ohio.

    So this would be a person who is now in prison who wishes to be released and placed on probation to be given another chance.

    Since the return rate is much higher than normal probation I don't know why they still have it. You can either use the legal library, use previous motions filed by someone else by looking though the past cases and copy a similar case. But normally you will want to hire an attorney to file this motion for you, stating the reasons you should be granted this.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Jun 7, 2008, 04:19 PM
    This is actually called "shock probation". A motion is file and a hearing is set. The prisoner is sent from the prison to appear before the judge who sentenced him or her originally. If at the hearing the judge decides that the person is eligible for probation, then they are immediately placed on probation. Don't know how they came up with the nutty name of Shock Probation for this, but leave it to Ohio to think it up. These hearings are not always granted and the prisoner will probably be wending their way back to the prison that they came from.

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