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What Can I Do if I’ve Been Convicted of a Misdemeanor in Indiana?
An old saying goes, “To err is human.” Everyone makes mistakes, from bumping into someone at the grocery store to minor fender benders. Sometimes, those mistakes might entail criminal charges. From shoplifting to driving under the influence, misdemeanor convictions are more common than some people might think. In fact, 45 million Americans have misdemeanor criminal records, representing 17% of the adult population of the United States. Statistically, almost everyone in the United States has known someone with a misdemeanor conviction.
Because they are lesser offenses than felonies, some people may think that a misdemeanor is just a slap on the wrist. After all, if they’re so common, how bad can a misdemeanor conviction be? The truth is that a misdemeanor can still carry severe penalties. These include jail time. No one wants to go to jail for any period. Misdemeanors can also carry heavy fines that many people cannot afford. This is why if you or a loved one have been arrested for or convicted of a misdemeanor, you must contact an experienced trial attorney immediately.
What Are Misdemeanors in Indiana?
Misdemeanors are crimes considered less severe than felonies. While felonies can carry lengthy prison sentences, including life in prison, misdemeanors tend to have lesser penalties. According to their severity, misdemeanors are divided into different categories: Class A, B, and C.
Class A misdemeanors are the most severe. They include crimes such as battery and theft. A potential sentence of up to a year in jail and a $5,000 fine is imposed for Class A misdemeanors.
Class B misdemeanors are less severe than Class A and carry a potential sentence of six months in jail and a $1,000 fine. Examples of Class B misdemeanors include first-time DUI and possession of specific amounts of marijuana.
Class C misdemeanors are the least severe. They include trespassing and some traffic violations and carry a potential sentence of two months in jail and a $500 fine.
While some of these penalties may sound minor, the real-life consequences can be severe. Even two months in jail can derail a person’s life. You could lose your job, your vehicle, and personal relationships. An entire year in jail could have even more serious consequences. Additionally, most people cannot quickly pay thousands of dollars in fines. This is why if you’ve been arrested for or charged with a misdemeanor, you need to discuss options with an experienced trial attorney.
What is Pretrial Diversion in Indiana?
While any criminal conviction carries a certain social stigma, the State of Indiana understands people make mistakes. This is why the State offers the Pretrial Diversion Program. The Pretrial Diversion Program is designed to prevent certain offenders from going into the prison system and potentially committing more crimes. It recognizes not everyone who breaks the law is a hardened criminal and that sometimes people make mistakes.
The Pretrial Diversion Program offers specific individuals the opportunity to avoid jail time or fines in exchange for meeting certain requirements. These requirements are often based on the misdemeanor in question. For example, someone charged with public intoxication or possession of marijuana may be required to complete drug and alcohol counseling courses. Someone charged with shoplifting or petty theft might have to go through Indiana’s Shoplifting and Theft Education Program (STEP). Some form of community service may also be required. Individuals may also have to pay restitution to victims and submit to regular substance testing.
Once someone successfully completes the Pretrial Diversion Program, all charges are dismissed. There will be no conviction on the person’s record, and they will not have to serve any jail time or pay fines related to the charges.
Not everyone is eligible for Pretrial Diversion. It is up to the prosecutor whether they will grant someone the opportunity. Pretrial Diversion is not available for violent offenses. It is also not available for certain driving offenses. An experienced trial attorney will be able to review your case and let you know if you’re eligible for the Pretrial Diversion Program.
What is Sentence Modification in Indiana?
If you have already been convicted of a misdemeanor, you may still be eligible to reduce your sentence. Indiana offers something called Sentence Modification.
In Sentence Modification, a person submits a request to the State to reduce their sentence. Sentence Modification is not an appeal. Appeals must be filed within specific time parameters. A request for Sentence Modification may be filed at any time after someone has been convicted. Sentence modification requests may be based on multiple different factors. These may include but are not limited to:
- New Information About a Case
- Evidence the Sentence Places an Undue Burden on the Offender’s Family
- Evidence the Sentence was Imposed Illegally
- Proof the Offender has Completed Educational or Rehabilitation Programs
Like Pretrial Diversion, not everyone is eligible for Sentence Modification. Violent offenders may not apply for sentence modification. Someone previously convicted of certain sex offenses is also not eligible. An experienced trial attorney will be able to review your case and determine if Sentence Modification is the right option for your case.
What Other Options Do I Have to Reduce Misdemeanor Penalties?
There are other options available to reduce your misdemeanor penalties. A defense attorney may be able to negotiate a plea bargain. In a plea bargain, you agree to plead guilty or no contest (meaning you do not dispute the charges) in exchange for a reduced sentence. You may also be required to perform community service or pay restitution to victims.
Another potential option is having a misdemeanor reduced to an infraction. An infraction is a less serious criminal charge that does not carry jail time. Penalties for infractions typically include a small fine and community service.
These are only a few options for reducing a misdemeanor sentence in Indiana. This is why if you or a loved one have been arrested for or convicted of a misdemeanor, you must contact an experienced trial attorney.
What Should I Do if I’m Arrested for or Convicted of a Misdemeanor in Indiana?
Being charged with a misdemeanor can be frightening. It doesn’t have to be, though. At Wade Trial Lawyers, Joseph Wade prides himself on being meticulous and aggressive in his defense. A family man and active member of his church, he understands the value of forgiveness and second chances. He believes everyone deserves a fresh start and an opportunity to do things right a second time. Joseph Wade doesn’t rest until he’s helped his clients reduce their sentences and return to being happy, productive members of society. A misdemeanor conviction can become a distant memory with Joseph Wade in your corner.
A misdemeanor doesn’t have to mean the end of your life. Joseph Wade can help make sure of that. If you or a loved one have been arrested for or convicted of a misdemeanor, call Wade Trial Lawyers today at 765-563-4644 for a free consultation. Your bright tomorrow can begin today.
