Full question:
What happens if the judge does not rule on a motion for judicial release within the allotted 240 days after the motion is filed?
- Category: Criminal
- Date:
- State: Ohio
Answer:
According to Ohio's judicial release statute, when a timely motion for judicial release is filed by an eligible offender, the court may hold a hearing on it. The court can deny the motion without a hearing but cannot grant it without one. If denied without a hearing, the court must rule within sixty days of the motion's filing. If a hearing occurs, the court must issue a ruling within ten days after the hearing. The 240-day timeframe refers to how long the court can delay holding a hearing, but a hearing is not mandatory unless the motion is granted.
There is case law indicating that the 240-day requirement is not strictly enforced. In the case of State v. Riley, No. 00AP-599 (10th Dist. Ct. Apps., Franklin Co., 10-31-00), the court held a hearing well after the 240 days but still granted judicial release. The appellate court ruled that the delay did not strip the trial court of its jurisdiction to grant the motion.
For specific legal advice, it is recommended to consult a local attorney who can review the details of your case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.