I am getting ready to file for a Judicial release, the 2nd one since my son's incarceration. He is serving 4yrs on agg burg into occupied struct w/ intent to cause physcial harm. Sounds terrible, but, he was 6 wks into being 18yrs old, the structure was the home where his older sister lived w/boyfriend (big marijuana) dealer, huge hydro system in basement. Boyfriend beat the crap out of sister that night, she was 3x legal limit drunk and called little bro for help. Long story short, BOTH my kids charged, dealer made a deal to flip on all his contacts, my son pled guilty because he did break in, and yes there was a fight. How naive and guillable we found out we were. Anyway, my sons judicial was denied, because of institutional report and recommendation of prosecutor. We are now at half of his sentenance served and would like to try again. MY QUESTION IS, CAN THE JUDGE USE 'INSTITIONAL SUMMARY' when we know there is nothing bad in the file, my son's security level has been reduced, he has been upped from a student in a class to an assisant, the teacher leaves him in un-secure areas to work alone, he's never had a write up.
Answer
The judge can always deny and never has to explain why, but it's also true that you can keep asking. I hope you're using an attorney. Contact me directly if you want for any help. The motion has to make clear all the circumstances as you've described. I'm curious as to who the judge is....some judges just don't grant judicial release. 216.952.1990.
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