In recent years, Indiana has made sentence modification easier. Once Indiana’s one-year rule was removed, more people could qualify for sentence modification. Under certain circumstances, you may be eligible to reduce or dismiss the criminal charges or sentence you are currently serving.
However, navigating the complex language in Indiana’s criminal code may be difficult for some. You may have concerns about whether you are even eligible for sentence modification.
When Am I Eligible for a Sentence Modification in Indiana?
Sentence modification eligibility starts with Indiana Code 35-38-1-17, which governs who is eligible and ineligible for sentence modification in the state. The statute governs whether you are qualified or disqualified from receiving a modification, which can help you decide your best course of action. If you are eligible, we can guide you through the process to help you get approved for a sentence modification.
What Can Disqualify Me from a Sentence Modification?
Indiana’s code on sentence modification begins with a list of ineligible convictions. If you are on this list, you may be automatically disqualified from sentence modification. If you have been convicted of certain violent crimes like these, you may already be disqualified from sentence modification:
- Murder or attempted murder under Indiana Code 35-41-5-1
- Voluntary manslaughter under IC 35-42-1-3
- Violent crimes like aggravated battery under IC 35-42-2-1.5
- Kidnapping under IC 35-42-3-2
- Higher levels of robbery or burglary under IC 35-43-2-1
Other criminal convictions may also disqualify you from sentence modification. However, if you are not automatically disqualified, you may still be eligible. Learning about the possibility of sentence modification can help brighten your future outlook.
Limitations on Sentence Modification Requests
While the more restrictive one-year rule has been appealed, there are still limits on the number and frequency of petitions you can file for sentence modification. If you are eligible, you may file once per 365-day period, and you may only file a maximum of two times during a consecutive period of incarceration. Because of this, it is vital to ensure you are prepared to file your petition correctly for the best possible chance of modification.
Grounds for Sentence Modification: When Can I Pursue Modification?
When seeking someone’s modification, you may be unsure whether you have the grounds to be granted this modification. Certain factors can make a big difference in whether you have grounds for modification. Understanding the grounds you have for sentence modification can help you take action.
For example, you may have grounds for sentence modification if new information has come to light about your case. That may be about specific evidence or testimony that was given for your case. In other cases, you may find that your sentence was imposed illegally.
Sentence modification can also be offered in cases where the offender has completed certain self-improvement programs. These include addiction rehabilitation or other self-improvement steps. Genuine evidence of these improvements can lead to sentence modification.
Know the Process of Getting a Sentence Modification
The first step in a sentence modification is to file a modification request. This should be done through the court that issued your sentencing order, which will then set a hearing to evaluate this request. Once your hearing date is set, the prosecutor and any victims will be notified.
At the hearing, we will argue in favor of your sentence modification. The details of this will depend on the specifics of the grounds you have decided to pursue. Once the evidence has been heard, the court will grant or deny your request.