Notice to new members intending to register - from January 9th 2012

AlwayzALady30 · #1 12-28-2011, 10:26 PM

This is all new to me. Ive looked online and spoke to a few people that attempted to point me in the correct direction. (However no-one had any previous experience.) I came across this site by chance and after reading so many threads I was impressed with everyones knowledge. So I thought that I would try my luck with anyone that is willing to offer us some advice.
My boyfriend was sentenced 1/03/07 to IDOC. He has EPRD of 12/5/13. With time cuts, he is estimated to be released in October of 2012. Seeing that he has served a majority of his time, is there any way that we could file for a modification of his sentence or something like in-home? He is currently at Westville Correctional Facility.
ANY information would be greatly appreciated...

tigrldy · #2 12-29-2011, 05:35 AM

He can file for a modification Pro Se. This means on his own without an attorney. There are specific forms and processes he will need to follow. If he has access to the law library someone there could help him. That said he is getting closer to an out date and a modification doesn't necessarily give him freedom earlier than the out date. He will be serving time differently. It sounds great to think of being out of prison, but in one since he would still be under their rules and control. If they had him at home he could be on an ankle bracelet, if he gets job release he would have to stay at one of their facilities, find a job an go back and forth each day to whereever they put him. I'm not sure how much this is but I had heard at one point it was about $185 out of his check each week to pay for this. He would be given so much time to find a job to pay this and if he didn't find one would get sent back.

wickit · #3 12-29-2011, 10:44 AM

What I have known about it is you have to file within 90-120 days! You can go to in.gov for more info.

AlwayzALady30 · #4 12-29-2011, 02:40 PM

Thank-you both. Ive heard both sides in regards to him having to file within the 90/120 day limit. I will speak with him later and let him know about the paperwork. Is there ANYTHING that I can do from this side. Would it help If I contacted the prosecutor or anyone?

tigrldy · #5 12-29-2011, 02:55 PM

I used to have a copy of the paper work needed to file. At one time the Prosecutor had to approve the modification. Unless things have changed again that is no longer the case. There are several forms that are part of the process. For instance he has to give reason why he things he has been rehabilitated on one form and why he would be a successful candidate for modification, he has to request a hearing in court, transport to the court if his request is approved. transcripts from the prison etc., etc. That is one reason why it is best to have an attorney do it for him, or get the law library to help him get it done. You can go to a local law library and request a print out of what is required, but it doesn't spell out to the layman what forms are needed.

AlwayzALady30 · #6 12-29-2011, 03:12 PM

Ill definitly get on it First thing in the morning. We were supposed to get married before all of this happened and I backed away, (i didnt think that I could handle the time) would it have been easier or BETTER for him If we were married?

tigrldy · #7 12-30-2011, 05:35 AM

Are you wondering if it would be easier to get a modification if you were married? I don't think it makes any difference really. Years ago there may have been time cuts for those married or the perception that you could get one if you were married. I think now what they are looking for is if they have learned their lesson, will be productive in society. Since they could all say that to get out they are looking for what they've done to show that in the form of classes in prison, jobs, lack of write ups and that type of thing.

mom2six · #8 01-04-2012, 10:00 AM

The first thing I have to find out is (1) did he sign a plea agreement?. If so, then the Prosecutor has to approve the modification or it's a no go. (2) If there was no plea agreement and the Judge actually handed down the sentence, then the Judge can modify his sentence without the approval of the Prosecutor. You would still have to file the modification paperwork so the Judge can set it for hearing.

Good Luck.

zebradoll · #9 03-09-2012, 08:57 PM

My lawyer told me if I sign a plea there is no asking for a sentence modification. PERIOD! This was VERY recently. I am assuming she knows what she is talking about.

AlwayzALady30 · #10 03-11-2012, 07:16 PM

Well, quick update: first of all, thank-you ALL for the support and responses. All paperwork was submitted on January 30th. We were told the state must respond in 45 days. On Friday 3/9 he was informed that he will have a review meeting on 3/22. Not sure what thats about, but we do know that the court can ask for a review before making a decisión..( hopefully THIS is good news) Please keep it in prayer...

AlwayzALady30 · #11 03-22-2012, 09:18 PM

Derrick filed a Direct Placement/Sentence Modification back in January. It was sent rom the prison Law Library on Jan. 30th. I've checked weekly at our courthouse and they are saying that they have still yet to recieve it. He had his yearly review today and the counselor said that they would look into it. Im at a dead end, and still looking for answers. How can legal mail not be sent out or recieved??? Any help woul be appreciated...

zebradoll · #12 03-23-2012, 12:20 AM

Thanks for the update! It helps me know what I can expect, as I made a plea and would like to know about how this all works. It is hard to get correct information.

AlwayzALady30 · #13 04-09-2012, 09:11 PM

Just updating... Last Monday he was being moved to a Level 1 facility. He's requesting MCCF because its closer. Does anyone happen to know approximatly How long that process takes? His "outdate" is 10/23/12, and ive heard the classes offered there will help with transition...any info it suggestions are APPRECIATED!

zachy'smom · #14 07-11-2012, 05:55 PM

My son had a plea agreement, he filed for a sentence modification in Hamilton County with an attorney (it was well past 120 days), the prosecutor did not object, and the judge granted a modification. Basically, his original sentence for armed robbery was 7 years with the last year to be on house arrest. We asked the last year to be on house arrest instead of work release. The judge split the difference-6 months work release, 6 months house arrest. (3 and 3 with 2 for 1}.
In total, he was 6 months in jail, 1 year in prison (Plainfield), 6 months Marion County work release, 10 months in Hamilton County work release, (early), and 3 months house arrest (he will finish September 2012!)

diannas_dream · #15 09-07-2012, 09:11 AM

My son also had a plea agreement of 20 yrs serve 10. His lawyer told him he could not get the prosecutor to lower it because the victims parents political connections. The crime happened 7 yrs ago. This was his 1st offsense of ANY kind, not even a traffic ticket. This man is married now, has a job and was a contributing person of society and paying his child support. He is still in county waiting RDC. Please someone give me the steps. Is it 90 to 120 days or does he have to serve a certain length of time before filing. If it has to go infront of the same prosecutor, he'll be turned down for certain. Beleive me he is ready to pay for his crime, we just feel for the 1st ever offence and a person that has showed his desire to work and support his children and show NO threat to society why are WE supporting him? Please help.

angie3566 · #16 10-15-2012, 04:53 PM

Does a person have to serve so much of their time before a modification can be considered??