sentencing guidelines indiana

If you have any questions, don’t hesitate to contact the criminal defense attorneys at Banks and Brower at (317) 526-4630 or info@banksbrower.com.

There are many occasions over the course of criminal cases where the Judge gets to decide what the sentence will be. If someone loses a trial, then the judge can sentence someone to whatever they want within the range of sentences prescribed by statute. For example, if someone is convicted of a Level 5 Felony after a trial, they can be convicted of anything between 1 and 6 years, with an advisory sentence of 3…

I.C. 35-50-1-2 When Defendants are sentenced in criminal cases often there are multiple counts as part of the same case and/or multiple cases being wrapped up all at once. Whether it be by plea agreement or post-conviction at trial, the issue of consecutive (one after the other) or concurrent (running together) sentencing is often raised and becomes important. According to IC 35-50-1-2, generally speaking, unless the parties are in agreement to the contrary as part of…

There has been much discussion lately regarding the upcoming November 1, 2023, effective date of Amendment 821 to the Sentencing Guidelines. While this amendment is not yet effective because it remains with Congress for a 180-day review period ending November 1, 2023, if Congress fails to act to disapprove the amendment by that date it will become effective. It’s expected that Amendment 821 will become effective, and it will give District Court Judges authority to…

Many people prefer home detention/house arrest to jail, but then come to realize there is hardly any information regarding what to expect both online and from your attorney themselves. This leads to uncertainty and even possibly fear, fear of the unknown and fear of the potential difficulties you may consider when it comes to what you are allowed to do and what may lead to a violation. Coming from someone who has experienced it themselves,…

Understanding Credit Time in Criminal Cases Whenever someone is sentenced in a criminal case in Indiana, the Court takes great concern to appropriately and accurately apply any credit time the defendant is afforded when carrying out the formal sentencing. It is incredibly important because no one should ever serve more time for any offense above and beyond what the level of offense requires minus the time they have already served — otherwise, they can serve…