View Full Version : OHIO Mandatory Sentence


lnd110608
11-12-2008, 04:29 PM
Hi - Im hoping someone knows how to answer this question.

Where can I find out if part of my bf's two year sentence is mandatory? There were *alot* of charges against him and all but 3 were dropped. Somewhere in this almost two year nightmare, we heard that one of the charges carried a one year mandatory sentence....but my bf says that at sentencing he doesnt recall the judge saying anything about mandatory time. Also on the County Court docket for Cuyahoga County, there is nothing about mandatory time, just that his time is concurrent...

Also, I would like to get my answer without contacting his attorney. And he hasnt even made it to reception at Lorain yet, it has been less than a week. So we really have no answers. He hasnt been in jail before, and being a non-violent offender, I am REALLY hoping for some early release...Ive heard of people with 5 yr sentences for violent crimes getting out on shock parole or judicial release after 6 and 8 months. I just am searching for a reason to hope I guess.... *sigh*.

Thanks in advance for any help on this!!

sweetamy29
11-12-2008, 06:07 PM
well most states if u a set time not matter what the crime may be say he gets 0 to 5 then he will have to do half of that unless your state is as messed up as mine on criminal cases they have to do 70% min and 85% max but it depends on what he is in for u could call the court house and find out as long as u have the case number cause they do that around here hope this may help but maybe not

lnd110608
11-12-2008, 07:11 PM
Forgive my ignorance, but I really truly do not know much about all this...

okay so I know this really varies state to state but if someone gets sentenced to, lets says, 3 years and they are eligible, then they get a judicial release and come home after 3-6 mos, or shock parole, same scenario. But if you get sentenced to 3 years but there is mandatory time, you will definitely be there for at least your mandatory time plus anytime it takes for judicial or shock to get approved. He has three 3 charges, one is 9 mos, one is 12 mos, one is 24 mos (which is a felony 3, the highest charge, which i would assume is the mandatory time...if there is any). He is non-violent offender, no prior violence and his charges all stem from trafficking. He had probation for a previous possesion with intent to traffic like 6 years ago. Oh and is gainfully employed and we live in a suburban area...not sure if that helps or whatever.

So having said all that, the % of time that people talk about is if you are not eligible for either judicial release or shock parole? Then its only a % of time, whether its 70 or 85 or whatever? And where can find out about Ohio's percentage of time. The DRC website is actually not all that helpful....

sweetamy29
11-13-2008, 07:33 PM
Well if he only got 3 years then he would actually have to do half cause i know ohio is not a state that has the 70% to 85% law only a few states do iowa is one of them and they are not even fed prisons it is just the state is messed up is all but if he has 3years then he should only have to to a year and a half that is what i would think and they should have all of his stuff in place by then and don't think u can't ask questions on here cause someone can help we all go through it trust on that but if u want u can also call your local court house and ask them they would have to answer u or call a lawyer and they would tell u also but stuff like that

lnd110608
11-13-2008, 07:59 PM
Hi thanks for your reply. He actually got 2 years total. He was convicted of three of the charges, one he was sentenced to 9 mos, one was 12 mos and one was 24mos to run concurrently. I think the one for 24mos might be the one that has a mandatory time on it, its an F3 trafficking charge. So you are saying that in Ohio, you only have to do 50% of your time ? Except for the mandatory, of course. So at most, a year?

ddkrussell
11-14-2008, 12:04 PM
Ind110608, It all depends upon if the judge made one little statement at the sentencing-My son got 4 years mandatory with no prerelease conditions.

ddkrussell
11-14-2008, 12:08 PM
The no prerelease conditions means that my son will serve the full 4 years.

StephBee
11-14-2008, 12:32 PM
I know nothing about ohio's laws or anything like that but I figured I'd give you a bit of an uplifiting thought.

In Colorado, most (and not by a few percentage points either) serve their full sentence. And as if that wasn't bad enough, Colorado has manditory parole which in many cases is as long as their original sentence. So, an offender can serve every single day of their sentence (like my boyfreind's going to have to do) and then still have years upon years of more parole (5 year sentence followed by 3 year manditory parole).

Soooo be glad he didn't get caught in Colorado :D :p

lnd110608
11-14-2008, 03:44 PM
On the DRC (Ohio) there is no mandatory section in his sentence information nor is there any on the county docket. I was not at sentencing, so I dont know what was or wasnt said and my bf is not really clear on it, he says it all happened so fast he doesnt remember. Hmmm.... well I guess we will just have to wait and see....

sweetamy29
11-14-2008, 08:34 PM
like i had said call your local court house or a lawyer and they would be able to answer your question on the situation all i know about is the iowa laws and they suck a** and they need to change here soon

sweetamy29
11-14-2008, 08:38 PM
not to be rude or anything but would u rather deal with two years mandatory or 50 or 34 cause that is what i'm up for and i'm happy with the man so i will wait but just check with your court house and a lawyer they and tell you things with out paying

Doc's Sis
11-15-2008, 04:23 AM
http://www.drc.ohio.gov/OffenderSearch/Search.aspx
Find his info here by entering his name and then you'll see when his next Parole Hearing is. He must serve that much time. The sentence is mandatory and there is no time off for good behavior.... Ohio law changed a few years ago and all newer convictions must serve the time. The judge would not have explained to him (at sentencing) the particulars about Old Law and New Law, etc. However, his attorney should have told him - and his Case Manager should explain it to him as well.

Did you search the Ohio forum? You'll find a lot of good info there.

lnd110608
11-15-2008, 09:53 AM
Im so confused. All during the process, his legal team, the detectives, the prosecutor and the judge (in the pre-trial meetings or whatever) all said that an early release would be supported. And they had all agreed to a year. Then it was a sentence of two years and ???? one of which is mandatory ????. and now you are saying there is no early release, it is what it is....???

At any rate, on the DRC there is no parole hearing info. Just Stated Term and Expiration.......

Doc's Sis
11-20-2008, 08:34 AM
Eventually, that site will enter a date for his hearing....which will be about a month before his actual eligible release date. Just keep checking the site from time to time. If sentence is for one year mandatory time, then it will take that long before he has his hearing. At that time, the board will decide what to do and that will depend upon the sentence and his behavior while in prison and his attemps to 'rehabilitate' himself, etc. Hang in there. That year will pass by quickly.

scoopster
01-22-2009, 07:58 PM
Call the records office at his institution, they will tell you exactly what his out date is. In Ohio under Revised code, a court speaks through it's journal, once they are delivered to the reception center, their sentencing journals become journalized, and permanent record. This is where they enter into the ODRC system of what his out date is. You can also call central office, they can look it up also.
He can only earn one day a month in good time. He can also send a kite to records requesting for his release date too.