Even though trial judges have a lot of discretion in choosing a sentence, there are limits to that discretion. Whether incarcerated, fined, placed on probation or home detention, the severity of a sentence should reflect the severity of the crime, the unique circumstances and life of the individual who committed that crime, and nothing more. Although it is rare for the Court of Appeals to grant a resentencing, it’s not unheard of and your case might be one of those exceptions.
Sometimes, prosecutors, judges and defense attorneys make mistakes that can result in an unfair trial. For every court at every level, with the exception of the United States Supreme Court, there is a higher court holding it accountable. If there was misconduct or substantial errors during your trial, you need a seasoned appellate attorney to tell your story to the appellate courts.
The majority of sentences handed down by Indiana trial judges involve probation and many involve alternative sentences, such as home detentions. Probation and alternative sentences can be overwhelming, with strict and even sometimes complicated, conditions. If a judge finds you violated one or more conditions of your probation or alternative sentence, the judge can send you to jail or prison. The good news is that probationers still have constitutional rights that must be respected. If your probation has been revoked, you have the right to appeal that revocation and the resulting sentence.