Do You Need a Sentence Modification?
Help from Proven Noblesville Criminal Defense Attorney
In July 2014, Indiana lawmakers overturned the infamous "one year
rule" pertaining to criminal sentence modifications. Under the rule,
only prosecutors could approve sentence modifications once year after
the initial sentencing. The one year rule meant that sentence modifications
were seldom granted and many inmates deserving of reconsideration were
Now that the one year rule is gone, sentence modifications are possible
for those convicted who deserve lesser sentences than those initially
handed down. Our dedicated
Noblesville criminal defense lawyers at
Baldwin Kyle & Kamish, P.C. can help you and your loved ones navigate this process and ensure that
your request stands every chance of an approval.
Contact us today to learn more about this process and how our team can help.
Grounds for a Sentence Modification
Even with the one year rule overturned, sentence modifications are not
granted lightly. An inmate needs real, legitimate reasoning for authorities
to reconsider their original sentencing.
Common grounds for criminal sentence modification include:
- New facts that have come to light and are relevant to the original case
- Completion of rehabilitative programs while incarcerated
- Significant hardships of loved ones in the absence of the incarcerated
Unfortunately, even with these reasons, it can be difficult to secure a
modification. Inmates are only allowed to apply for modifications twice
during their entire sentence and, if the inmate is incarcerated as part
of a plea deal, they are barred altogether from applying.
Advocating on Your Behalf
Because this process is so difficult and sensitive, it is important to
have knowledgeable and tenacious counsel by your side. Our board certified
Noblesville criminal defense attorneys can work together with you and
your family and loved ones and craft a modification application to truly
speaks to your needs and eligibility for post-conviction relief.
Start learning about your options today. Contact us for a
free case evaluation.