The Years Inside
Credit toward the term, a hearing on supervision, a petition's clock, support, and the day of release
You are serving a definite prison term in a state institution, and a place opens in a vocational program.
Two things a person in this spot might do. Picking one shows what the law says about it.
This walks one person's sentence through five moments. It says nothing about judicial release, a parole board release hearing, an appeal of the sentence itself, custody of the children, the right to vote, or what any particular program, hearing or court would decide.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
25 words
- Days of creditDays a person in a state correctional institution may provisionally earn toward the stated prison term, one day or five days for each completed month of productive participation in a program, with more for completing certain programs.
- DegreeThe classification every Ohio offense carries, from minor misdemeanor up to felony of the first degree. The degree sets the available range before anyone looks at the facts.
- Judicial releaseA reduction by the sentencing court of the nonmandatory part of a prison term, on the motion of an eligible offender or the court's own motion, after the waiting time the section sets for the length of the term.
- Post release controlSupervision by the adult parole authority after a prison term, required for some degrees and discretionary for others. Violations can carry additional prison time.
- Presumption of releaseFor a non life felony indefinite prison term, the presumption that the person is released when the minimum term expires, or on the presumptive earned early release date if that comes first.
- Pretrial motionA request to the court decided before trial, a motion to suppress evidence among them. The rule puts all of them within thirty-five days after arraignment or seven days before trial, whichever is earlier.
- Prima facieEstablished unless something is shown against it. Where a speed limit is prima facie, exceeding it makes out the violation and leaves room to show the speed was reasonable and proper for the conditions.
- AdverseUse of land without the owner's permission, which is the element of adverse possession that permission destroys. The claimants in the leading case had asked the owner's leave to use the strip, and the court held that asking was the opposite of adverse.
- Appointed counselCounsel provided at public expense to a defendant who cannot afford one, required in any case where imprisonment is actually imposed.
- Community controlCourt supervision imposed instead of a prison term, with conditions set by the court. Ohio replaced the word probation with this term for felony sentencing.
- CustodyFormal arrest, or a restraint on freedom of movement of the degree associated with a formal arrest. It is the condition that, combined with questioning, triggers the Miranda warnings.
- Dangerous ordnanceA defined category above deadly weapon, covering automatic and sawed off firearms, military weapons, explosive devices and similar items, with express exclusions in the definition.
- Deadly weaponAnything capable of inflicting death that is either designed or specially adapted for use as a weapon, or possessed, carried or used as one. It is a definition with elements, and nothing is a deadly weapon by default.
- Final releaseThe end of parole the adult parole authority may grant to a parolee who has faithfully performed the conditions, with a certificate of final release, not earlier than one year after release on parole, or five years for a life sentence.
- Release revocation hearingThe hearing before a parole board member or hearing officer, held before release is revoked or a prison sanction is imposed, on whether a preponderance of the evidence shows a violation and whether mitigating circumstances make revocation inappropriate.
- Clear and convincing evidenceA standard of proof higher than the balance of probabilities used in an ordinary civil case and lower than proof beyond a reasonable doubt. Ohio uses it for civil commitment and for forfeiture, among other things.
- Collateral attackA later proceeding that challenges a conviction from outside the direct appeal, such as a petition for postconviction relief or a habeas action.
- Postconviction reliefA petition in the court that imposed sentence asking it to vacate or set aside the judgment or sentence, filed no later than three hundred sixty five days after the trial transcript is filed in the direct appeal, or after the time to appeal expires where there is no appeal.
- Imputed incomeIncome a court or child support agency attributes to a parent found voluntarily unemployed or underemployed, which the section forbids for a parent who is incarcerated.
- Permanent custodyCustody of a child granted to a children services agency, which permanently divests the parents of their parental rights, granted only on clear and convincing evidence that it is in the child's best interest.
- Certificate of achievement and employabilityA certificate a prisoner who has completed approved vocational and cognitive or behavioral programs and community service may apply for, granting relief from mandatory civil impacts that would affect a job in the field the prisoner trained in.
- Competency to stand trialWhether a defendant, because of their present mental condition, is capable of understanding the nature and objective of the proceedings and of assisting in the defense. A defendant is presumed competent, and a finding otherwise takes a hearing and a preponderance of the evidence.
- Competent to be an electorThe statutory way of saying eligible to vote. A felony conviction removes it, and the same section gives it back on parole, judicial release, a conditional pardon, non jail community control or post release control, and thereafter on final discharge.
- Final dischargeRelease from parole or probation, which is the event a juvenile sealing application is measured from. A person under eighteen may apply six months after it, and a person eighteen or older may apply immediately after it.
- ReinstatementThe right of somebody who fell behind on a rental purchase agreement to put the original agreement back without losing any rights or options already acquired, where the property was surrendered when requested.