Indiana Sentence Modification Lawyer
Are you or a loved one serving time? Get a second look at the sentence, if the case qualifies.
Call Wynn. (317) 832-1182
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Sentence modification lets a judge take a second look at a sentence that is already being served, and reduce it or suspend part of it. It is one of the few ways to shorten a sentence after the case is over. It is also easy to get wrong.
I am extremely selective
I am extremely selective about the sentence modification cases I take. Before anything is filed, I review your plea, your sentence, and what you have done since you were sentenced. If I don't believe your petition is strong, I will tell you up front. The law only gives you a limited number of chances, and a weak petition can waste one.
Who qualifies
The biggest question is how your case ended.
You went to trial and lost. The judge chose your sentence, so the judge can take a second look. You may be eligible.
You pleaded open, even with a cap. If your plea left the sentence up to the judge, the judge can modify it within what the plea allows. You may be eligible.
Your plea allows modification. If your plea agreement says the sentence can be modified, you may be eligible.
You took a set-term plea. If you agreed to a specific sentence, like "6 years," the judge is bound by that deal. In most cases you are not eligible. The only exception is if the prosecutor agrees to the change.
Other limits to know
Most people can file once a year, and no more than twice during the same stretch of incarceration, without the prosecutor's agreement.
If you were convicted of certain serious violent offenses (such as murder, rape, child molesting, kidnapping, or higher-level robbery or burglary), you can file once without the prosecutor's agreement within one year of sentencing. After that, the prosecutor has to agree.
People sentenced as credit restricted felons cannot use sentence modification.
Special rules apply if you were under 18 when the offense happened.
The judge will see a report from the Department of Correction on your conduct. How you have done inside matters.
How I build your argument
Indiana law gives judges the power to modify a sentence, but it does not list factors the judge has to weigh. That leaves a lot of room. It also means the strength of your petition depends on how your lawyer builds it.
My experience as a panel lawyer for the federal community defenders guides that work. Federal judges must weigh a set of factors written into federal law (18 U.S.C. § 3553(a)). I use the ones that fit a state case to analyze every petition and show the judge why a shorter sentence is fair:
Who you are and what happened. The facts of the case and your whole life story, not just your record.
Whether the sentence is still fair. Does the time still match how serious the offense was?
Public safety. Is more time needed to protect the public, or have you shown you're ready to come home?
Deterrence. Has the sentence already made its point?
Programs and treatment. Could education, job training, treatment, or medical care be better delivered outside prison?
Other options. Probation, community corrections, or home detention may do the job better.
Fairness compared with others. Is your sentence out of line with people who had similar records and similar cases?
Making things right. Restitution to any victim.
I also look closely at what you have done since sentencing:
Recovery while incarcerated. Sobriety, substance abuse treatment, counseling, and the work you've put in to address what led to the offense.
Programs and education. Classes, certificates, and job training completed inside.
Work and conduct. Your job inside and a clean record with the Department of Correction.
Support at home. The family, housing, and work waiting for you when you come home.
Circumstances that can strengthen a case
I also draw on the federal compassionate release rules (U.S. Sentencing Guidelines § 1B1.13). Federal courts use them to decide when there are "extraordinary and compelling" reasons to release someone early. They show the kinds of circumstances courts take seriously:
Serious or terminal illness. A terminal illness, or a serious medical condition, impairment, or decline that makes it hard to care for yourself inside.
Medical care that is not being provided. A condition that needs long-term or specialized care you aren't getting.
Age. Being 65 or older with serious health decline from aging, after serving at least 10 years or three quarters of the sentence, whichever is less.
Family who needs you. The death or incapacitation of the person caring for your child, or a spouse, partner, parent, or other close family member who needs care, when you are the only one who can provide it.
Abuse in custody. Being sexually abused or seriously injured by a correctional officer or someone in charge of you while serving the sentence.
Other serious reasons. Other circumstances just as serious as these.
Under the federal rules, rehabilitation alone is not enough, but it counts together with these circumstances. That is why your recovery and progress inside matter.
Indiana judges are not required to follow these federal factors. I use them because they give the judge a clear, organized reason to say yes.
What happens next
Free consultation. You or a family member can call. Consultations are by phone or Zoom.
Case review. I pull the plea agreement, the sentencing order, and the DOC record.
An honest answer. If your case isn't a good fit, I'll tell you.
Petition and hearing. If we move forward, I file the petition and stand with you in court.
Related: probation violations, expungement, criminal defense.
A second chance starts with the right petition
Call Wynn. (317) 832-1182
Start your sentence modification review
Tell me where you or your loved one is serving time, the county of the case, and whether it was a plea or a trial. I will review whether the case qualifies and reach out to set up your free consultation.