Indiana Sentence Modification Attorneys
If you have been sentenced for a criminal offense in Indiana, you may be eligible to request a sentence modification. Indiana Code 35-38-1-17 lays out the rules for requesting a sentence modification. When deciding whether you can apply for a modification, consulting an experienced criminal defense attorney is important, as there are certain limitations that may apply.
Additionally, a sentence modification is different than an appeal. When you appeal a conviction or sentence, you are asking a higher court to review the case and determine if the original court followed the law. When you request a sentence modification, you are asking the original court to change or reduce your sentence or placement.
Who Qualifies for a Sentence Modification?
While many people serving a sentence may qualify to request a modification, not everyone is eligible. Specifically, those people in the following categories do not qualify to apply for a modification:
- A credit restricted felon;
- A person convicted of certain violent offenses, including murder, attempted murder, voluntary manslaughter, certain sex crimes, unlawful possession of a firearm by a serious violent felon, and others.
The Modification Process
Clients seeking to request a modification or reduction of their sentence will first file a written request with the Court that issued the original sentence. The Court can then set the matter for a hearing and notify the prosecutor or deny the request. The court can only grant the request without a hearing if the prosecutor has filed written consent and the defendant waives his right to a hearing.
You can file a request for modification at any time during your sentence, however there are some limitations.
- You can only file a request for modification one (1) time in a 365 day period
- You can only file a request for modification two (2) times during any consecutive period of incarceration
At a hearing on the modification request, the Court may consider the defendant’s rehabilitation, the victim’s input, educational credits earned, treatment completed while incarcerated, and other programs completed. It is important to work closely with an experienced criminal attorney to prepare and present the best case possible in order to increase the chances the Court will grant a modification request.
Additionally, if you were sentenced pursuant to a plea agreement, the Court may not have the authority to modify a sentence. In those cases, you must first receive the consent of the prosecutor to modify the original plea agreement and sentence.
Indianapolis Sentence Modification Attorneys
The criminal defense attorneys at Chambers Law Office are both former deputy prosecutors. They are able to bring that experience and unique perspective to aide their clients in preparing their modification request. They will take the time to understand your goals, advise you of the pros and cons of requesting a modification, and work closely with you throughout the entire process to make sure you understand the process every step of the way.
If you have questions about requesting a sentence modification, contact Chamber Law Office today! Whether you have already started the process or just want to discuss your options, the attorneys are Chambers Law will be here to help. We can assist you in preparing the request, filing the modification paperwork, and representing you in court to present your case and zealously advocate for you!