What is the timeline for a ruling on a motion for judicial release?

Full question:

When you file a motion for judicial release after serving the mandatory 5 years of a 6 year sentencing, is there a limited time allowed as to when the Judge makes his ruling in favor or in denial of the motion?

  • Category: Judgments
  • Date:
  • State: Ohio

Answer:

According to Ohio Revised Code § 2929.20, when a timely motion for judicial release is filed by an eligible offender, the court may schedule a hearing. The court can deny the motion without a hearing but must hold a hearing to grant it. If denied without a hearing, the court must issue a ruling within sixty days of the motion's filing. If a hearing occurs, it must take place within sixty days of the motion, although the court can extend this by up to one hundred eighty days. After the hearing, the court has ten days to issue a ruling.

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.

FAQs

A Rule 5 motion refers to a request made under Rule 5 of the Federal Rules of Criminal Procedure, which allows a defendant to challenge their detention or request a hearing regarding their pretrial release. This motion is typically filed to contest the conditions of release or to seek a change in the terms of detention. In state courts, similar motions may exist under different rules or statutes, depending on the jurisdiction.