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Is there anyway of getting charges dropped after court is done and over with?

Lafayette, IN |

because my court date was over the other day and i got 1 year probation and now i have to do either 30 days house arrest or 30 days of work release. Which i feel it isnt right on top of 1 year probation and all the terms of probation.. So wondering i can hire a lawer and get those droped and just keep the proabtion only?

Attorney Answers 3


Doubtful. I am sure the Judge asked if you knew what you were pleading to and sentanced you accordingly.

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The first question that must be answered is whether those terms were specifically bargained for within your plea agreement. If so, I would anticipate that as a general matter you will have an extremely difficult time overturning those terms and conditions.

The legal mechanism in Indiana by which to attempt to alter the terms of the sentence you have specified would be through a process called "modification of sentence." It does not appear from your question as though your desire is to overturn the conviciton itself through a legal appeal, as opposed to changing or modifying the requirements of the conviction itself. Thus, the modification of sentence avenue.

In Indiana in order to modify a sentence you must file the request within one year of the sentencing order or you will need to acquire the approval of the prosecutor unless otherwise specified in the negotiated agreement. Your attorney would file the petition to modify the terms of the sentence giving compelling reasons as to why the sentencing terms should be altered absent an agreement from the assigned prosecutor within Tippecanoe County if the case was heard in Lafayette.

Such modification requests may be virtually impossible to have granted or relatively easy depending upon the factual circumstances and/or the position of the deputy prosecutor. A judge may summarily deny the motion without so much as a hearing or grant a modification hearing so as to allow your argument on behalf of altering the sentencing terms to be addressed live in court. I would suggest that this probability for the granting of such a hearing and/or success would best be answered by the defense attorney who had represented you.

Since your question has been posted online I am theorizing that your case may have been handled by an appointed public defender. In such circumstances depending upon the diligence and/or workload of this attorney you may find ideal responsiveness to your questions lacking. However, I would submit a reasonable request for attention to your concerns via email or fax as one strategy for getting a response from your attorney of record in the event representation was through the county public defender agency.

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If this was a plea of guilty, the simple answer is no. You cannot get a charge dropped AFTER you plead guilty to it in open Court.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links:

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