This pamphlet provides an overview of sentence reduction in criminal cases. Topics covered include judicial release, downward departure, sentence modification, and legislative changes.
Indiana USLegal Pamphlet on Sentence Reduction
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Multi-State
Control #:
US-PMPH-14
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Word;
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FAQ
In this class, you earn one (1) day of credit time for each day you serve. This means you may serve just half of your sentence. Credit Class B includes those serving sentences for higher-level felonies, giving you one (1) day of credit for every three (3) days served.
On appeal, the appellate court can overturn a sentence if it determines two things. These are: that the trial court committed some type of legal error, and, that the error ?prejudiced? a party.
There are processes for requesting a judge to take a second look at a sentence imposed and, if there was an error made or other compelling reason, the judge may choose to reduce or alter the sentence.
The court has the power to correct a sentence that results from clerical errors. This is done by amending the abstract to reflect the right sentence. For instance, the judge might have pronounced a 13-year sentence but the clerk enters 30 years in the court minutes.
A person imprisoned for a crime earns good time credit, however, under IC 35-38-2.5. -5, a person does not earn good time credit while on parole or probation.
Upon the government's motion made within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provided substantial assistance in investigating or prosecuting another person.
An offender may request a sentence modification on any of several grounds: There exists new information relevant to the underlying criminal case. The sentence imposed was illegal or erroneous in some way. The offender has completed rehabilitative or other self-improvement programs while serving the sentence.
Request the prosecutor file a motion to have your sentence reduced. If the information you provide leads to a conviction in the other crime, the prosecutor can file a motion to have your sentence reduced in exchange for your cooperation. Cooperation doesn't guarantee the prosecutor will file a motion.
Depending on the rules of the jurisdiction, a motion may be in writing or made orally before the court. In order to ask for a more lenient sentence, usually, a defendant's attorney can file what is called a motion for modification of sentence. The exact phrasing of the motion title may vary by state.
