Many defendants desire to have their sentences reduced after they are convicted. Maybe the defendant has completed educational or rehabilitation programs while in prison.
The family might find it difficult to continue the imprisonment. Perhaps there are new facts that prove the original sentence was unfair. A sentence could be changed in many situations.
Is it hard to get an Indiana Sentence Modification?
Because of the “One year Rule,” it’s been hard to obtain sentence modifications in Indiana for many decades. A trial court must get the consent of the Prosecutor to modify the sentence of a defendant who has been sentenced more than one (1) years ago.
For various reasons, prosecutors aren’t always willing to modify sentences. Most defendants cannot modify the sentence length, unless it is done within one year after the sentencing. A defendant serving a sentence of 5, 10, 20 or more years has little chance of having his sentence changed.
When can I file for a sentence modification in Indiana
Long-serving defendants have hope. The Indiana legislature has repealed “One year Rule” effective July 1, 2014. A defendant does not need the consent of the prosecutor to request a sentence mod, regardless of whether it is within one year of sentencing.
After they have been sentenced, a defendant can ask for a sentence modification. If the trial court feels that they are worthy, a defendant may request a modification to their sentence.
Are Sentence Modifications in Indiana Subject to Limitations?
There are limitations to sentence modifications. A sentence cannot be changed by a trial court if it is not subject to a plea agreement that specifies the length and place of the sentence. A plea agreement is a contract.
Both the State of Indiana as well as the defendant are bound by the contract. They can’t request changes to the contract later. A defendant can’t request a modification of a sentence indefinitely. A defendant may only request one modification in a given year, and no more than two requests for modifications during the sentence.
How can a Sentence Modification Lawyer in Indiana help me get my sentence modified?
People who have been serving long sentences in prison will be greatly benefited by the new sentence modification rules. They will be able tell a judge why their sentence should be reduced. Lipinski Law can help you learn more about Indiana sentence modifications.