Gibson Law Blog

COVID-19 Alert: Is Now the Right Time for Sentence Modification? | Gibson Law Office

Written by Brett Gibson | Mar 31, 2020 5:00:00 AM

If you have a family member or loved one incarcerated in Indiana, it is a scary time. Infectious disease can spread through a jail or prison rapidly, placing inmates’ health at risk. The novel coronavirus creates a particularly dangerous situation due to its highly contagious nature. Social distancing is not possible behind bars. Inmates with underlying health conditions may be at an increased risk.

Who is eligible for Sentence Modification in Indiana?

A person who was convicted of a non-violent criminal offense may file one petition for sentence modification in a year and two total petitions during a period of incarceration. The court has the discretion to modify the sentence to any sentence that was permissible at sentencing including major felony sentences. In many cases, prison time may be eligible to be served on house arrest or probation.
 
During the coronavirus outbreak, good candidates for sentence modification may include persons convicted of:

  • Drug charges, such as possession of cocaine, methamphetamine or heroin
  • Operating While Intoxicated with a Prior
  • Habitual Substance Offenders
  • Habitual Traffic Violators
  • Financial Crimes, such as fraud and theft

 

How can I find out if someone is eligible for Sentence Modification in Indiana? 

If you need an attorney to petition for sentence modification in Indiana, contact Gibson Law Office. We always offer a free initial phone consultation to confirm eligibility, explain the process, quote a fee, and answer questions. Unfortunately, the coronavirus epidemic may last for many months creating a tremendous health risk for Indiana inmates. While court procedures are changing rapidly to adjust to the COVID-19 outbreak, those trapped in Indiana prisons may be among the most vulnerable.
 
How can you help an inmate who is at risk due to the coronavirus?
 

If you have a family member in an Indiana prison, you should explore all options to see if his or her sentence can be reduced or modified to house arrest or probation. An experienced criminal attorney can determine if the person is eligible for sentence modification. An attorney at Gibson Law Office can review your docket and provide immediate feedback.