Legal Question in Criminal Law in Indiana

Re: Filing for Sentence Modification without a lawyer?

AS there are specific points to be made within the petition based on the facts of your daughter's case along with statutory considerations, you may not be doing her any favors by attempting this yourself. You wouldn't ask a Doctor how to perform surgery on a do it yourself basis knowing you might harm the person you are trying to help. So it is with this.

An appearence must first be filed as representing your daughter. If you do so, you may be considered practicing law without a license. You can't do it pro se as it's not your case.

Once the petition is filed the court will set a hearing date and notify. It will be at this hearing that evidence will be presented to convince the court that the sentence should be modified. This hearing is not one sided. The State will also be allowed to object and argue against modification. Unless you know what they may properly raise, make appropriate objections, and understand the procedure involved, it may not turn out as you would like. Remember, anyone you may use as a witness is also subject to cross examination by the State.

There may even be an issue as to whether her sentence can be modified which you may or may not know until you review her file and examine any plea agreements she may have entered into which may impact this.

In short, I would urge you to engage the services of a criminal defense attorney for this purpose.

If you wish to speak to me about this in greater depth, you may contact me at 317 686-0000. You may also go to www.tambascolaw.com should you wish.

Whatever your decision, I wish you and your daughter the best with this.

Re: Filing for Sentence Modification without a lawyer?

My practice is in Michigan so I'm too far removed to help you, but I have read Mr. Tambasco's reply and he is absolutely right. I highly suggest that you call him in this matter.