How To Secure a Sentence Modification in Indiana

How To Secure a Sentence Modification in Indiana

In many cases, defendants want to see their sentences modified after being convicted. Perhaps the person has completed rehabilitation or educational programs while in prison. 

Perhaps the continued imprisonment would be a hardship for the family. Perhaps new facts have emerged that show the original sentence was not fair. Many situations could justify a sentence change.

Is an Indiana Sentence Modification Hard to Get?

It has been difficult to get sentence modifications in Indiana for decades because of the “One Year Rule.” A trial court must obtain the consent of the Prosecutor to change the sentence length of a defendant if it has been more than one year since they were sentenced. 

Prosecutors are not always willing to modify sentences for various reasons. Most defendants could not modify the sentence length unless it was done within one year of the sentencing. A defendant who was serving a sentence of 5, 10, or 20 years had little chance of getting a sentence modified.

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When Can I File For A Sentence Modification in Indiana?

There is hope for long-serving defendants. Effective July 1, 2014, the Indiana legislature repealed the “One Year Rule.” A defendant no longer needs the consent of the Prosecutor to obtain a sentence modification regardless of whether the modification request is made within a year of sentencing. 

A defendant can request a sentence change after they have been sentenced. A defendant can request a sentence modification if the trial court believes they deserve it.

Do Sentence Modifications in Indiana Have Limitations?

Sentence modifications have limitations. A trial court could not change a sentence if a plea agreement was reached that specified the length and location of the sentence. A plea agreement is a contract. 

The contract is binding on both the State of Indiana and the defendant. They cannot request any changes to it later. A defendant cannot request a modification to a sentence indefinitely. A defendant can only request one modification per year and a maximum of 2 requests for modification during the sentence.

That’s why it’s very important to have an experienced criminal defense attorney in Indiana handle your sentence modification for you. Choose a criminal lawyer that will fight for you!

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Can A Sentence Modification Attorney in Indiana Help Get My Sentence Modified?

The new sentence modification rules will greatly benefit those who are serving lengthy prison sentences. These individuals will be able to tell a court why they should have their sentence reduced for the first time. If you’re interested in finding out more about Indiana sentence modification, contact Lipinski Law at (317)-605-9223.