How do I write a letter to the judge asking for and early release for my husband in prison?

The short answer is that your letter by itself will probably not result in your husband getting Judicial Release; he or his lawyer really need to file a formal Motion with the Court in order to get a real ruling.from the Judge. The good news is that he can file it after only serving 30 days inside the prison. Here is the language straight out of the Ohio Revised Code, Section 2929.20: (C) An eligible offender may file a motion for judicial release with the sentencing court within the following applicable periods: (1) If the aggregated nonmandatory prison term or terms is less than two years, the eligible offender may file the motion not earlier than thirty days after the offender is delivered to a state correctional institution or, if the prison term includes a mandatory prison term or terms, not earlier than thirty days after the expiration of all mandatory prison terms. For a first offender, I think your husband is an ideal candidate. So keep those character letters together, along with a letter from his employer saying what a valuable addition he was, etc.and you should be in good shape. I hope this answers your question. Good luck in the case! Atty. Dennis A. DiMartino 1032 Boardman-Canfield Road Suite 103 Youngstown, Ohio 44512-4238 330.629.9030 Ext. 111 Phone 330.629.9036 FAX [email protected]

Did your husband enter into a plea deal with the State for a specific amount of time or did he just plead to a charge and allow the Judge to sentence him? The distinction is important because if he entered into a plea deal he will likely have to do the entire two years and will not be eligible for judicial release. He should have had any days he spent in jail prior to sentencing applied to his sentence. If his judge sentenced him, then he could apply for judicial release and will also likely be eligible for days of earned credit, i,e,, time for good behavior. I can help you with this problem. Feel free to contact me with any questions.