Legal Question in Criminal Law in Indiana

sentence modifications

My friend was incarcerated on a Felony B charge of aiding and abetting in a theft. He was sentenced to 10 years. The judge told him that he could return in a year for a modification. Is this a year from his arrest date or a year from his sentence date? Should we hire an attorney for this modification or would a PD just as well? He had a fairly good PD with his original hearing and sentencing.

Thanks.


Asked on 2/28/02, 9:37 pm

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: sentence modifications

The petition for modification should be filed before the year ends from the date of sentencing.

Your friend would be well advised to involve himself in what programs he could while at the DOC. This will enhance his chances of obtaining a modification. Having some type of employment available if released will also be of help.

The PD may or may not have the time to address this. It is even questionable whether the PD is obligated to petition for the modification. I would contact the PD to be sure this a real option. Otherwise, retain private counsel.

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Answered on 3/01/02, 10:50 am


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