Many defendants want their sentences to be reduced after being convicted. The family may find it difficult, or even impossible, to continue the sentence.
What is the Indiana Sentence Modification process?
It has been difficult to get sentence modifications in Indiana since the “One-year Rule” was introduced. For a defendant sentenced over one (1) year ago, the trial court must obtain the consent of the prosecutor in order to modify the sentence.
Some Prosecutors might not be willing to change sentences for different reasons.
How do I file for a sentence change in Indiana?
Long-serving defendants now have hope. Indiana’s legislature repealed the “One Year Rule” effective July 1, 2014. To request a sentence modification, a defendant doesn’t need to agree to be prosecuted.
A defendant can request a modification of their sentence after they have been sentenced.
Indiana Sentence Modifications subject To Limitations
Limitations can apply to sentence modifications. If a plea agreement has not been reached that details the length and location of the sentence, a court of trial can’t modify it.
The contract is binding on both the State of Indiana and the defendant. A skilled Indiana criminal defense lawyer will be able to modify your sentence.
What can I do if my sentence is not being changed?
The new sentence modifications rules in Indiana will make long-serving prisoners more comfortable. Lipinski Law has more information about Indiana sentence modifications.