Legal Question in Criminal Law in Indiana

my class d felony charges were reduced to class a misdemeanor, which was great. but they added home detention for 120 days and its impossible for me to do that. i have a 3 year old and i am 11 weeks pregnant, and home detention would seriously affect my health. is it possible to get the home detention removed from my sentence?


Asked on 9/23/09, 10:15 am

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Most courts will allow persons on home detention to go to doctor' visits and make other trips for medical reasons, so I am not sure how your health could be a problem. You can always ask the court to let you serve the time in jail instead of home detention, but I can't imagine that would be an improvement. Unless your plea agreement says otherwise, you do have the right to ASK the court to modify the sentence, but you have to have a compelling reason.

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Answered on 9/23/09, 1:22 pm


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