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Sentence Modification

Indiana Code 35-38-1-17, titled, “Reduction or Suspension of Sentence”, can be used to ask a Court to modify your sentence. This statute divides offenders into violent and non-violent criminals. For offenders who are considered non-violent criminals, you may petition the court at any time after you begin serving your sentence. If you are incarcerated in the Department of Corrections, the Court will also need a report regarding your conduct while imprisoned. The Court will most…

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Community Corrections Violations and Credit Time

Can Community Corrections Take Away Credit Time on Violations? Recently in Richard Shepard v. State of Indiana, under case number 84S01-1704-CR-00190, the Indiana Supreme Court ruled that the director a Community Corrections program lacked the authority to deprive a defendant’s good time credit. In 2013, Shepard pleaded guilty to dealing in cocaine as a class B felony and, in exchange, received an 11-year sentence in the DOC with 900 days total credit, including 450 days…

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Problem Solving Courts in Indiana

Certain counties around the state have put extensive time and resources into developing problem solving courts to help come up with creative solutions to criminal issues in our society. These courts are built around rehabilitation rather than punitive punishment to help give a different approach to certain types of crimes and situations such as drug, mental health, and veteran type issues. Although most of these programs have strict rules on eligibility, if you can get…

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Can a Victim Drop Criminal Charges Against a Defendant?

Surprisingly, one of the most common phone calls we receive as defense attorneys at Banks & Brower is that of a victim wanting to drop charges against a defendant and/or looking to hire us to help the defendant. And, even more unsurprisingly, as former prosecutors, these calls made up probably 50% of the calls we received when we worked for the state of Indiana. Why are they so common? The answer probably lies in the…

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Neglect of a Dependent in Indiana

What Constitutes Neglect of a Dependent? Indiana’s neglect of a dependent statute (I.C. 35-46-1-4) reads in pertinent part: A person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or intentionally: Places the dependent in a situation that endangers the dependent’s life or health; Abandons or cruelly confines the dependent; Deprives the dependent of necessary support; or Deprives the dependent of education as required by law; Commits…

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Crimes that Disqualify You for Home Detention

A Look at the Crimes that Disqualify from Receiving Home Detention in Indiana In 2016, the Marion County Department of Corrections gave over 1 Million Dollars to hire additional staff to accommodate a large increase in home detention due to overcrowding. This puts the number of people on some form of home detention to over 3,000 in Indianapolis. This can be a preferable alternative to those who want to finish the remainder of their sentence…

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What is a Sexually Violent Predator in Indiana?

Despite the obvious consequences that result from a conviction for a serious crime, convictions for certain crimes also cause the offender to become labeled a sexually violent predator (SVP).  By law, a sexually violent predator is somebody “who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex offense.”  IC 35-38-1-7.5. Accordingly, a person convicted of a crime that causes them to be labeled as a sexually…

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