An unfortunate outcome of some criminal cases are a conviction or a guilty verdict. In the majority of instances criminal sentences are generally decided upon by judges. Judges are often given a great degree of latitude in determining the sentencing for the individual convicted. There are instances when after a judge hands out a sentence an individual can appeal the degree of the sentence by hiring an Indianapolis sentence modification lawyer. Call The Law Office of Jesse K. Sanchez a call at (317) 721-9858 today!
Indiana Sentence Modifications
There is an Indiana sentence modification statute which states that one convicted of a crime can seek a modification of his or her sentence at any time during the sentence without the need for prosecutorial approval. This means that, a court can now grant a sentence modification over the objection of the prosecutor. In the past, in order to receive a sentence modification in Indiana, the convicted would have to obtain approval from the prosecutor.
In 2014, there was a piece of legislation that removed the restriction that called for prosecutorial approval. While the legislation in 2014 made obtaining a sentence modification more attainable, though obtaining a sentence modification through process is still one that does not come without its own set of hurdles.
Call Indiana Sentence Modification Lawyer
Jesse K. Sanchez at (317) 721-9858 Today!
There are many individuals who are currently incarcerated in the Indiana Department of Corrections are eligible to have their sentence modified. A successful Indiana sentence modification means that an individual will have their sentence modified to an alternate placement that is either:
- Work Release
- House Arrest
- Community Service
- Fines and Restitution
- Parole
- Probation
There are instances when fortunate individuals are allowed by the judge to have their sentence modified down to parole or probation. When this happens, this effectively releases them from physical incarceration through the Indiana Department of Corrections.
Sentence Modification Criteria
You may wonder how to get a sentence modification. Well, there is certain criteria must be fulfilled in order for a judge to consider modifying a sentence. Meaning, that in order to receive a sentence modification there must be real, legitimate reasoning for authorities to reconsider their original sentence.
The most common criteria for a criminal sentence modification to be granted by the court would include:
- New Evidence
- Completion of Rehabilitative Programs
- Repayment of Restitution
Unfortunately, even with these reasons, it can be difficult for a sentence modification attorney to secure a modification. The incarcerated are only allowed to apply for sentence modifications twice during their entire sentence and, if the inmate is incarcerated as part of a plea agreement, they are ineligible from filing a motion for sentence modification Indiana has available as a means of relief of a sentence given by the court.
Your Indianapolis Sentence Modification Attorney
Because the process to apply for and to receive a sentence modification can be very difficult and extremely time sensitive, it is important to have knowledgeable counsel by your side. An attorney near you is here in your time of need, Indianapolis criminal defense lawyer, Jesse K. Sanchez will work to diligently file a sentence modification application for a sentence modification for you or a loved one. Call the office at (317) 721-9858 today!
FAQ
Q: How many sentence modifications can be filed in 365 day period?
A: You can only file a request for modification one (1) time in a 365 day period.
Q: How many times can a sentence modification be sought after during your sentence?
A: A sentence modification can only be sought a maximum of two times total throughout your sentence, so it is important, when you are ready to adjust your sentence, to make sure you get it right by hiring the best Indianapolis, Indiana modifications lawyer for your case, Jesse K. Sanchez at (317) 721-9858.
Q: Can a modification be barred in the plea bargain?
A: There are certain situations where the option for a sentence modification is prevented in the plea bargain made with the prosecutor.
Q: What grounds are justification for a sentence modification in Indiana?
A: The acceptable grounds for a motion for modification of sentence are as follows:
1. New information relevant to the underlying criminal case has been discovered
2. The sentence imposed was illegal or erroneous in some way
3. The offender has completed rehabilitative or other self-improvement programs while serving the sentence
4. The sentence imposed inflicts a substantial hardship on the offender’s family
Q: Can you help with a Compassionate Release Motion to Modify Sentence
A: The Coronavirus pandemic has a direct effect on the health, safety, and welfare of incarcerated individuals in Indiana. Our office is working actively with our clients to help file as many Compassionate Release Motion to Modify Sentences due to Coronavirus as possible.
Q: Which type of convicted criminals are not eligible to adjust sentence under Indiana law?
A: Though not exhaustive, the list includes the following: a person convicted of certain violent offenses, which include murder, attempted murder, voluntary manslaughter, certain kinds of sex crimes, an unlawful possession of a firearm by a serious violent felon.
