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How to file a sentence modification in IDOC

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Submitted: 6 years ago.
Category: Legal
Expert:  LawHelpNow replied 6 years ago.
HiCustomer Thank you for asking your question on Just Answer. The other Experts and I are working on your answer. By the way, it would help us to know:

-What city and state do you live in? (i.e. do you mean Idaho Department of Corrections? or Iowa? or Indiana?, etc.)
-What country do you live in?
-What have you already tried?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 6 years ago.
I live in Tippecanoe County, Lafayette, IN.
The shooting occurred in a house I own in Delphi, IN. My son is an inmate in Indiana Department of Corrections.

I hired 4 attorneys to attempt to keep his son, and get visitation rights for myself. I also hired E. Kent Moore of Lafayette, IN as defense attorney due to Patrick F. Manahan was court-appointed, and then became the attorney for Michea Knonth, the boy at the party, my son would not give up his name. He has already been on the news with my son, and then took on Michea's case as well.

I had to file bankruptcy to pay for my son's legal defense. Due to Patrick doing this.

I turned him and the prosecutor, Robert Ives in
for illegal practice. However, the state did not seem to agree with that.

skreaves
Customer: replied 6 years ago.
I would like to know how to file a sentence modification without hiring outside counsel due to lack of funds. If we could file one ourselves and file it with Carroll County Courts, Delphi, IN.
XXX@XXXXXX.XXX/a
Customer: replied 6 years ago.
I live in Tippecanoe County, Lafayette, IN 47905
Where I would have to file the sentence modification would be in Carroll County, IN 46923.

Is this possible to do without hiring private counsel?
Expert:  LawHelpNow replied 6 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance.

  1. Sentence modifications in Indiana are controlled by statute. There is a one year time limit from the date of sentencing to file a sentence modification without first securing the prosecutor's consent to the filing. If filed in the first year, the statute provides the right to a hearing and discourages Judges from summarily denying those petitions. Within the first year, most Judges will accept the filing, but depending on the length of sentence remaining, set the hearing out months or even years out to see how the Defendant does in custody. Prison conduct records are the key to any successful modification. A clean record will often result in favorable treatment from the Court, whereas with lots of conduct write ups an inmate might as well forget it.
  2. Once you are outside of the first year, you can still file a modification request, but the Prosecutor and State have the unlimited ability to seek the dismissal or denial of same just by asking. It is wise to call the Prosecutor ahead of time if you're outside the first year to "test the waters" in regard to a modification. There's no sense going through the time and expense if the State is going to request summary dismissal anyway. Consent of the State is not required in the first year, but is practically required after that time period. Once the petition is filed, you can also get the Court to issue an order requiring the Indiana Department of Corrections (IDOC) to supply an inmate conduct record for the Court's review.
  3. A sentence modification is a form of post-conviction relief. You will definitely be facing an uphill battle without assistance of counsel. The State of Indiana provides very little in the way of resources, although here are forms with instructions for post-conviction relief. If you have concerns that your son's civil rights have been violated (which it certainly sounds as if you do), I would also urge you to contact the ACLU of Indiana and the Civil Rights Division of the United States Department of Justice.

If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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