Effective July 1, 2014, Indiana Code 35-38-1-17(c) allows trial courts throughout Indiana may modify a sentence, at any time, without a prosecutor's consent. Prior to this change in law, if more than 365 days had passed since a sentence was imposed, any modification of sentence required approval by the prosecuting attorney. Obviously, prosecutor's were, more often than not, unwilling to agree to any modification. Many convictions, such as, Theft, Drunk Driving (DUI/OWI), and Battery are eligible for a modification request.
This revision in Indiana law will allow trial courts to have discretion in modifying a sentence. However, there are limitations on the ability to modify a sentence under this section of the Indiana Code. The limitations are as follows:
1. The person requesting the modification is not a credit restricted felon;
2. The sentence was not a fixed sentence from plea agreement; and
These are merely illustrations of limitations on the trial Court's ability to modify a sentence. If you have questions regarding sentence modifications or criminal defense, please contact Gregory A. Miller, a Fort Wayne Criminal Defense Lawyer at (260) 833-7249.