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(555) 555-5555At the Law Office of Jesse K. Sanchez, an Indianapolis expungement attorney, we help our clients utilize the Indiana Second Chance Law to get criminal records expunged. We proudly stand in favor of National Expungement Week (NEW)! NEW takes place in the Fall of 2020 from September 19 through September 26.
National Expungement Week is a program that focuses on how people with criminal records face over 44,000 different forms of legal discrimination related to jobs, housing, education and other areas of life.
If you are in need of an Indiana expungement attorney, call our office at (317) 721-9858 or contact us via email to get a free consultation today!
Modifying or reducing a criminal sentence in Indiana can drastically affect a person’s quality of life, which is why, whenever possible, probable and eligible, one should seek a sentence modification. When you are looking for sentence modification in Indiana, for a misdemeanor or a felony, there are several guidelines that you should follow during the entire process of filing your request. With the number of steps needed to receive an Indiana sentence modification, a mistake can easily occur. Because the process can be so daunting, it makes sense to hire an Indiana sentence modification attorney to help you with your individual modification request. Indianapolis, Indiana criminal defense attorney, Jesse K. Sanchez is skilled in Indiana sentence modification guidelines as well as achieving successful sentence modification requests. Call an Indiana sentence modification lawyer at (317) 721-9858 for help today!
A motion to modify a conviction in Indiana is a legal proceeding that is used to reduce the sentence of someone who has been convicted of committing a crime. There are those special situations where reducing a long sentence may win the defendant’s freedom immediately, or it could be a successful way to remove a potential future impediment to freedom which will ultimately allow an inmate closer to his or her freedom from incarceration, or to relieve conditions of probation. A motion to modify a conviction can also be used to remove a conviction and change the final disposition of a case. Striking the conviction may allow a defendant to take advantage of an expungement and hide a conviction from his or her criminal record. A sentence modification motion is a form of post conviction relief, sometimes used after the defendant has served his or her sentence and probation.
A sentence modification is only available to certain offenders. I.C. §35-38-1-17 provides a list of types of offenses that are not permitted for sentence modification:
When a defendant applies for a modification of a criminal conviction. There are a number of factors that a judge takes into advisement when evaluating the merit of modification of a sentence. Factors that the court may consider are as follows:
Unfortunately, there are instances where there was an illegal or an error in a sentence. When that happens, the offender may be granted a modification of criminal sentence by demonstrating to the court that the sentence is ambiguous, illegal, or does not match the sentencing transcript. For the court to consider a potential modification request, as an offender you must be able to prove one of the following:
First, you file a request to reduce the sentence length to the trial court that originally issued the sentencing order. After the request is received by the court, the judge sets a date for a modification hearing. After the court sets a hearing date to address the modification request, next, it will notify the prosecutor’s office. The prosecutor is then required to notify any relevant victim(s) of the crime. At the time of the sentence modification hearing, the prosecutor will present evidence in support of rejecting any sentence modification or in some cases in support if they believe modification is necessary. The defendant will be able to make their case by presenting the following information:
If the court decides to grant the request, you can expect an order to be issued in favor of the defendant and the sentence will be modified accordingly.
In the end, the court will set the amount of time that you will have to serve the sentence, which will be based on the type of crime that was committed. The jail time will also be decreased.
In summary, though it may seem straightforward, the sentence modification process in Indiana can be very confusing and really quite complicated. However, the process becomes that much easier to face when you have a sentence modification lawyer working on your case. Contact us or call us at (317) 721-9858 for help with your modification or with an Indiana expungement.
Q. Do you need a sentence modification?
A. Indianapolis criminal defense attorneys at the Law Office of Jesse K. Sanchez have assisted a number of clients in with their petitions for sentence modifications. If you have sentence where there are mitigating circumstances, chances are, it is time to petition for a sentence modification.
Q. Is a sentence modification the same as an appeal?
A. A sentence modification is different from an appeal. An Indiana sentence modification begins with a request to the court that originally issued the sentencing order. While an appeal is a request to a higher court to review the decision of the lower court. An appeal will not retry a case, examine any new evidence, or accept testimony from witnesses.
Q. Who is not eligible for an Indiana sentence modification?
A. A credit restricted felon under Indiana Code § 35-31.5-2-72, meaning someone convicted of certain child molesting offenses or murder is not eligible for a sentence modification.
Q. If I’m on probation, can I get my probation sentence modified?
A. While we can’t make any promises, we have helped other clients have their time on probation shortened or even ended early to accommodate a new life, work, or school circumstance.
Q. Can you have more than one sentence modification?
A. You can only file a request for modification two (2) times during any consecutive period of incarceration.
There are a few key elements used to determine if a crime is determined as a felony or a misdemeanor. Aspects such as the length of incarceration, where the sentence will be served, and the long-term consequences. If you, friend or family member have been charged with a misdemeanor, contact us as soon as possible at (317) 721-9858. Speak with a criminal defense attorney regarding your case as soon as possible.
Misdemeanors are considered less serious offenses, such as traffic violations or minor thefts. All misdemeanors carry jail time of one year or less as their classification. If the sentence is a year or less, it’s a Class A misdemeanor. Class B offenses are less than six months, while a Class C misdemeanor is up to 60 days.
For misdemeanor offenses, incarceration is usually served in the county jail rather than in state prison. Generally speaking, any sentence of a year or less is served in jail, while longer sentences of over a year are primarily served in prison. There are exceptions, however. It is possible to serve several years in jail if you have multiple misdemeanors and your sentences are served consecutively. Misdemeanors can also result in other penalties, such as:
It is up to the court to determine if your penalties are going to be served in lieu of a jail sentence or will they occur in addition to incarceration.
DUI, carrying an open container, minor in possession of alcohol and other offenses. The law varies by jurisdiction, so it’s important to seek the counsel of a skilled local criminal defense attorney who understands the complexities of both state and local law.
Disorderly conduct is a misdemeanor charge that is common with alcohol-related offenses and other charges. Typically, disorderly conduct includes any type of unruly behavior that provokes some sort of a disturbance.
If you are convicted of physically attacking another person with the intent to cause harm or physical injury, the repercussions can include significant jail time and made it difficult to find employment, housing and other basic necessities that allow you to make a living. Depending on how severe the assault was, charges can even lead to felony charges being filed.
An assortment of crimes such as vandalism and destruction of public or private property fall under the group of criminal mischief. Although committing a crime such as tagging a building with graffiti may seem minor, if you are over the age of 18 and have a previous criminal record you could very easily charged with a much more serious offense.
If you are illegally found on or inside a property that does not belong to you or are in violation of an Indiana Protective Order, having a criminal attorney who understands both misdemeanor and domestic violence offenses is key to your success.
Being convicted of any crime is serious in Indiana. Misdemeanors In Indiana generally don’t result in prison time, it is good to understand how misdemeanors are classified and the potential statutory penalties. In Indiana, misdemeanor charges are classified into three groups:
If you are charged with a misdemeanor offense, it is incumbent that you speak with an Indianapolis criminal defense lawyer as soon as possible. Our office is available 24/7/365, just call us at (317) 721-9858.
Here are some frequently asked questions that we encounter when we speak with clients charged with a misdemeanor.
Q. I was charged with a DUI. Is a DUI a misdemeanor?
A. Depending if this is your first, second or third DUI arrest can determine if you have a misdemeanor or a felony DUI. It is best to speak with an Indiana DUI attorney regarding your individual DUI/OWI charges.
Q. Will I have a court date if I have a misdemeanor charge?
A. Yes. Being charged with a misdemeanor is a crime that must be addressed in court.
Q. What happens if I miss my court date for my misdemeanor charge?
A. If you miss any court date for your misdemeanor offense a FTA warrant which is also known as a bench warrant will be issued for your immediate arrest.
Q. Is misdemeanor probation an option in my situation?
A. Every criminal case is different. Our goal is to get our clients the most favorable result. In some instances, probation is the best possible result. It’s best to speak with a defense lawyer regarding your individual situation as soon as possible.
Q. Is it possible to get a misdemeanor expunged in Indiana?
A. Yes! Indiana’s Second Chance Law will allow you to get a misdemeanor conviction as well as an arrest expunged from your criminal record! Speak with an Indiana expungement attorney at our office to learn more.
Q. What is the Alternative Misdemeanor Sentencing Indiana law?
A. Alternative Misdemeanor Sentencing, also called an Indiana felony reduction to misdemeanor occurs at the time of sentencing. Indiana law IC 35-38-1-1.5, allows the judge to enter a conviction as the lowest level of felony, which is a Level 6 Felony. This comes with the condition that the conviction will be reduced to a misdemeanor if the convicted meets certain conditions. This often includes successful completion of probation, community service, payment of any fees and fines and also the consent of the prosecutor.
If you have a family member, friend or a loved one that has been arrested they may be held in jail for something called bail. Let’s talk about what is bail, how bail works, and if you need bail, how you are able to get bail. But before you spend any money on bail, contact us, top rated Indianapolis criminal defense attorney, The Law Office of Jesse K. Sanchez at (317) 721-9858 for help today!
The choice of whether or not to “post bail” is a legal decision that either you or one of your family members may have to make if you have been arrested and placed in jail. As an example, if you are arrested for theft, where you would need a theft defense attorney, the court may set your bail at $1,000. This means that you can either pay the court $1,000 to be released from jail or you can pay nothing and remain in jail until your court date. Court dates often are several months in the future, and court cases can be difficult to resolve, a large majority of individuals make the decision to pay the bail amount and go until their court case has been resolved. Hopefully in their favor.
When you post bail, you are essentially making a promise to the court to return on the day of your court case. If there is a failure to appear, chances are that the court will keep your bail money and issue a FTA warrant, also known as a bench warrant. However, if you show up to your court date as promised, regardless of the disposition of your case, the court will return your bail money minus any fines, court fees and/or restitution payments required. If restitution is owed. Bail acts sort of like a security deposit. If you are able to get bail, there are certain things that you should not do while out on bond. The judge will determine the amount of your bail and, for certain capital crimes like murder, may decide not to set a bail amount at all. If this happens, you will have no choice but to remain in jail until the court has properly disposed of your case.
If you cannot afford to post bail, and friends or family members are unable to raise enough funds to bail you out of jail, you can turn to an Indiana bail bondsman. A bail bondsman is a person who runs a business of bailing people out of jail. In Marion County, for instance, rather than paying your bond, the Marion County bondsman posts bail on your behalf, and then you pay a non-refundable fee to the bail bond company for their assistance. When you return to court, the bondsman gets his bail money back from the court, and he keeps the fee you paid as profit.
Before you spend the money to hire a bail bond agent to get you out of jail, and if you are located in the State of Indiana, it makes the most sense to call an Indiana criminal defense attorney for a consultation. Often, an attorney can work to either get your bail reduced, or completely eliminated. Call our office at (317) 721-9858 to speak about your individual criminal situation while you still have time. The wheels of justice never stop, so do not delay.
They call it the “world’s oldest profession”. Patronizing prostitutes is something that happens in every county in Indiana. In the days of Indianapolis Backpage, Craigslist’s personals and prior to that, a search for “escort services Indianapolis” or “adult erotic massage parlors in Indianapolis”, could quickly put you in the unfortunate position of patronizing prostitution in Indiana. Patronizing a prostitute is something that has happened since the earliest settlements in Indiana.
Indiana has three main criminal laws that cover prostitution related activities from all sides of the patronizing prostitution transaction: the seller, the buyer, and the promoter. These three aspects of prostitution and solicitation are addressed with a law on:
If you have been in the act of patronizing prostitutes, the likelihood of you needing an Indiana criminal defense attorney
A person is guilty of patronizing a prostitute if he or she knowingly pays a fee to another person as compensation for such person or a third person having sex or other sexual contact with that person or another person or fondling or agreeing to fondle the genitals of that person or another person.
Patronizing a prostitute can range from a misdemeanor to a major felony offense. The potential penalties for patronizing a prostitute are the following:
Patronizing a prostitute is a charge related to prostitution and solicitation in Indiana that can have both life altering and can carry very embarrassing results. It is time to call a top Indiana sex crime law firm at (317) 721-9858 for help as soon as possible.
If you or have a family member is charged with a sex crime involving a child, it is important to retain the services of a sex crimes attorney. At the Law Office of Jesse K. Sanchez, we are an awesome Indianapolis criminal defense attorney that actively provides criminal defense law in Beech Grove, Indiana. Call our office at (317) 721-9858 or email us to receive the best sex crime legal representation possible for your individual legal situation.
GREENWOOD, IN. — A 30-year-old Beech Grove man has been sentenced for felony child exploitation.
Johnson County, Indiana prosecutors said Greenwood Police received a cyber tip in September of 2018 from the National Center for Missing and Exploited Children. The tip to law enforcement said that there was possible child pornography sent via the web from a Greenwood, Indiana computer IP address.
Quickly after receiving the tip, the City of Greenwood Police then obtained a search warrant for a laptop computer belonging to a gentleman named Ewing Burnette. Upon inspection, Johnson County law enforcement officers discovered pornographic images and videos with children believed to be as young as four years of age, according to officials.
While there wasn’t a child seated in the chair next to me, the children in those images and videos are real people, real victims. They weren’t given the choice whether they wanted to engage in that kind of activity or whether to have the images of them doing so shared with the world. Each time images like that are shared and re-shared these children are re-victimized. I will always fight to protect children and bring justice to those who seek to abuse them, or are even complicit in their abuse, for their own perverted personal reasons. – Johnson County Prosecutor Joe Villanueva.
The defendant told police that he downloaded and forwarded pornographic materials of children, and directed them to where they were on his computer.
Mr. Burnette was sentenced Tuesday in Johnson Superior Court to a four-year sentence, executed, meaning that he will serve two years in prison, followed by two years to be served on home detention/GPS monitoring. After that is completed, he will then be required two additional years of probation with specialized sex offender provisions.
If you need a sex crime defense lawyer on your side, to advocate your rights, call Indianapolis criminal attorney, Jesse K. Sanchez at (317) 721-9858 We are here and ready to help! Representing clients as a Johnson County sex crimes lawyer every day!
Being arrested for the suspicion of an OWI is not a final guilty verdict. There are several OWI defenses that your Lafayette OWI attorney can use to obtain either a dismissal or an acquittal if the case happens to go to trial. At the Law Office of Jesse K. Sanchez, we provide a number of strong defenses of an OWI arrest for our clients daily. Contact our office for a consultation today.
While in some states it is called DUI or Driving Under the Influence, in Indiana, it is called an OWI or Operating While Intoxicated. Now there is a slight difference between an OWI and a DUI. An OWI refers to ANY operation of the controls of a vehicle while intoxicated. This means that a potential can occur by sitting in the driver’s seat and turning on the headlamps. In Indiana, operating a vehicle while intoxicated is a misdemeanor that carries a maximum sentence of 60 days in jail and a $500 fine if convicted. The penalties are enhanced to a felony if the intoxicated driver endangers, injures or kills someone.
There are some things which constitute the right to stop someone for suspicion of operating while intoxicated. The Fourth Amendment of the United States Constitution states that for law enforcement to make a stop, there has to have specific grounds for them to stop someone.
The fact is that police must have either a warrant or reasonable cause to stop you. If they do not, it’s technically an illegal search and seizure and your breathalyzer results could very well become inadmissible. Without the evidence provided by the breathalyzer, the prosecutor may not have a firm case against you.
There are specific rules that the police are required to follow when conducting a field sobriety test. If a law enforcement officer fails to follow those protocols for proper Field Sobriety Testing, it becomes an invalid test and thus is inadmissible in court. The most commonly used FST’s are the following:
Since Field Sobriety Tests are highly subjective, the failure to successfully pass FST alone cannot be the only admissible evidence that the prosecutor can use to win a case against you in Indiana.
If you were given a blood test by the police, it is quite possible that the BAC analysis was done improperly for a number of possible reasons. After an arrest for an OWI, any blood samples that are collected must be stored in a very specific way. If any of these protocols are not followed, the blood test is not admissible.
There are medical conditions that can cause a driver to appear as if they are operating while intoxicated. Additionally, there are some neurological problems can cause you to fail a field sobriety test. It is quite possible that unless you fail a breathalyzer test, your OWI attorney might be able to show that your failure to pass is due to your pre-existing medical condition.
If a prosecutor attempts to contact you without you having an attorney, and you have not waived your Miranda rights, then you have a case to make that conversation inadmissible. You have a right to have an attorney present while you are being questioned. If you have requested a criminal attorney, you are no longer allowed to have a conversation with the prosecutor unless your Indiana OWI lawyer is with you.
There are other a number of other ways to fight an OWI charge. Items such as an incorrectly calibrated BAC instrument, or the use of unapproved equipment are some of the technicalities that an experienced OWI defense attorney can use to help you fight your charges.
If you have been arrested for the suspicion of an OWI, then you need to contact an Indiana OWI attorney to help provide the best of OWI defenses for your case. Call our office at (317) 721-9858 for help with your OWI defense now.
At the Law Office of Jesse K. Sanchez, we represent our clients for a number of drug crime offenses, such as drug trafficking. The job of a top tier Indianapolis criminal lawyer, attorney Jesse K. Sanchez has a reputation for zealously representing clients for drug crime offenses such as:
If you are in need of a drug crime defense attorney, call our office at (317) 721-9858.
INDIANAPOLIS — IMPD arrested three people during an investigation into drug trafficking from the west coast into Indianapolis.
Indianapolis Metropolitan Police Department officers along with Homeland Security and DEA agents served a search warrant at 2421 East 80th Street. There they found 75-pounds of methamphetamine and $21,000 in cash and cryptocurrency.
Officers arrested 26-year-old Rianna Ramirez and 40-year-old Sidney Evans of California, along with 25-year-old Michelle Hadley of Tennessee. The Marion County Prosecutors Office will decide the charges in a short amount of time.
As guaranteed by the United States Constitution, these individuals are innocent until proven guilty. This is “due process”, which is guaranteed in the Fifth and Fourteenth Amendments of the U.S. Constitution.
If you or a loved one has been charged with a drug trafficking or a drug related offense, it makes sense for you to contact one of the best drug defense attorneys in Indianapolis, the Law Office of Jesse K. Sanchez. Our office number is (317) 721-9858, call now, time is of the essence.
A technical violation of probation is when an offender, who is under supervision by the probation office, violates one of the conditions of probation outlined by the court. Technical violations are often the result of the following activities:
If any of those activities have occurred while on probation, the result will likely be re-imprisonment, or sentencing to the suspended sentence. If you have been accused by the probation department of a technical violation of probation, you will need to retain the services of a top rated probation violation lawyer. Call (317) 721-9858 or email info@jksanchezlaw.com today!
To understand what is a probation violation, first, let’s explain the rules of probation. The specifics of the terms of probation can vary from state to state. Probation is a punishment for committing a crime which will allow an offender to spend less time in jail or avoid jail time altogether. In exchange for a sentence of probation, there are some very specific potentially life altering conditions. Some of the most common probation rules include:
Technical violations of probation can be very minor in nature, but they are still probation violations. While there are some technical probation violations that fortunately are not hit with stiff sanctions and there are other instances when a technical violation will result in the conditions of probation being modified as a response to the violation. Oftentimes the probationer is given a stiff reprimand while also being placed under an increased level of community control, such as house arrest, rather than sent to prison. Probation officers routinely have a range of graduated sanctions available to address any technical violations of probation that stem from a verbal reprimand and increased reporting requirements, referrals to treatment or service programs, house arrest, and regrettably re-incarceration.
If a penalty, such as jail or prison time, is imposed for committing a technical violation of probation, then the penalty is generally not the result of a first offending act. A substantive probation violation usually is one that can quickly get a probationer sent to jail or prison. Particularly if it is a felony violation of probation. Even though a technical violation is not as serious as a substantive violation, it is important to retain a criminal attorney to make certain you have a strong defense of the technical violations of probation. Do not leave your fate to chance.
Again, as earlier mentioned, most technical violations of probation normally are not severe enough to warrant an arrest. Some technical violation examples include the following:
Remember, probation should be taken seriously, and any violation, no matter how small the perceived technical probation violation, can result in the court ordering the maximum penalty no matter how small the example of technical violation.
If the court concludes that a technical probation violation has occurred, the judge is likely to do one of three things which are:
If the technical violation results in probation being revoked, the probationer will immediately be incarcerated. When there is a revocation of probation, the probationer is sentenced to the maximum time in prison allowable under the law.
If you have committed a technical violation of probation, then you need to hire a defense attorney. Let the defense attorney you hire be us at the Law Office of Jesse K. Sanchez. Just call us at (317) 721-9858 for help right now. A technical violation is serious and should be treated as such.
A DUI, in most instances would be considered as a misdemeanor. Because a DUI is a misdemeanor, the DUI probation terms would be less stringent than that of felony probation terms. If you have been arrested and need a criminal defense attorney, call our office at (317) 721-9858.
The terms of a DUI misdemeanor probation in Indiana will normally include the following requirements:
If an individual breaks any of the terms or conditions of probation, they can face extremely severe repercussions. When the terms of probation are broken, the person serving probation for a DUI conviction can face serious, final consequences and penalties. Some of the consequences include the possibility of additional probation terms, significant fines, a revoked probation, a weekend or two in jail or, more significantly, a sentence to all of the backup time.
If you have made the serious mistake of violating DUI probation conditions, it is EXTREMELY IMPORTANT that you contact a criminal defense attorney in Indianapolis as soon as possible. Let us represent your best interests. Call us at (317) 721-9858 or contact us at the office. We are here, and ready to help.
