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Sentence Modification and Indiana

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Latest post Thu, Jan 6 2011 12:44 PM by LynnM. 3 replies.
  • Wed, Jan 5 2011 11:50 PM

    Sentence Modification and Indiana

    How does one go about doing a sentence modification in Indiana?  My cousin is serving 1 year + some probation time in jail for a Class B drug conviction.  In jail there are others charged with a couple of Class B drug convictions and only are looking at probation, no jail time. 

  • Wed, Jan 5 2011 11:57 PM In reply to

    Re: Sentence Modification and Indiana

    Legallylost:
    How does one go about doing a sentence modification in Indiana?  My cousin is serving 1 year + some probation time in jail for a Class B drug conviction.

    I'm guessing it's probably too late at this point. The time to negotiate a sentence is during arraignment and trial.

    Legallylost:
    In jail there are others charged with a couple of Class B drug convictions and only are looking at probation, no jail time. 

    There's no way of telling what they did to get a lighter sentence. They may have had better lawyers. They may have ratted out others in exchange for a lighter sentence. It's anybody's guess.

    All I can suggest is that your cousin consult a criminal attorney and see if he has any options.

     

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  • Thu, Jan 6 2011 11:40 AM In reply to

    • Ford
      Lawyer
    • Top 10 Contributor
    • Joined on Thu, Mar 16 2000
    • Posts 12,824

    Re: Sentence Modification and Indiana

    No attorneys from that state are on the boards.  Unless the state has a mandatory sentencince scheme, you really can't compare cases.  Each defendant, each case, each judge and each prosecutor are different.

    If your cousin is serving a sentence AND probation time, that indicates he has two different cases.  If he was on probation for a drug charge and rolled another drug charge, that can really upset his judge.

    If a sentence has been imposed, a defendant typically has two remedies: 1) a motion to the sentencing judge asking him to be nice; or 2) an appeal to a higher court arguing that the sentence was excessive (which normally won't go anywhere).

  • Thu, Jan 6 2011 12:44 PM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: Sentence Modification and Indiana

    Criminal sentences are not cookie cutters. The mere fact that someone else got a lighter sentence has nothing to dowith his sentence.

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