1st time poss. for my brother

[proxi]

What is the name of your state (only U.S. law)?
Indiana-
My brother has been charged a Class D felony for poss of mary jane. He was sentenced to 2 yrs prison and 6mths probation. I think that is wrong.. He has been in county for 1 mth now and waiting to be transferred to RDC. he wants us to find a PD to ask for a sentence mod or reduction.
What can we do?
Where he is at now he is being treated unfairly, prisoners do not have rights. He has had hand tremors which 2 days ago turned into a seizure, he has not been looked at by the medical staff,! we are worried and need to know what we can do to get him out on probation or house arrest...
Please give me information.
Thanks.

 

[enjoimx]

2 years? How much did he have? Seems incredible. I am sorry he is suffering in jail, that sucks for him and must worry you guys alot!

Did he have a medical card? That could have saved him from all of this. Get a PD immediately or pay a lawyer to get him out, it shouldnt be too hard, maybe a few thousand bucks but highly worth it.

 

[ElvinMelvin]

My brother has been charged a Class D felony for poss of mary jane. He was sentenced to 2 yrs prison and 6mths probation. I think that is wrong..

Possession of greater that 30 grams in Indiana is a Class D felony punishable by 6 mos to 3 years in prison.

What precisely do you think is wrong?

 

[proxi]

I think the time he has to serve is wrong...
Where can I find forms to help him file a sentence modification?
He is in indiana, and is family is all in ca and az. We need him to be out west due to our father having very fatal illness, his time is running out.
What can we do as a family to try for house arrest in az?

 

[Indiana Filer]

I think the time he has to serve is wrong...
Where can I find forms to help him file a sentence modification?
He is in indiana, and is family is all in ca and az. We need him to be out west due to our father having very fatal illness, his time is running out.
What can we do as a family to try for house arrest in az?

After he serves his 2 years in the Indiana Dept of Correction, he can try to have his parole/probation transferred to CA or AZ. If he didn't want to go to prison, he shouldn't have had drugs.

 

[proxi]

After he serves his 2 years in the Indiana Dept of Correction, he can try to have his parole/probation transferred to CA or AZ. If he didn't want to go to prison, he shouldn't have had drugs.



Understood, we all make mistakes in life. After his 2 yrs, his probation will not be a problem.
Thanks For the help.

 

[ElvinMelvin]

I think the time he has to serve is wrong...
Where can I find forms to help him file a sentence modification?
He is in indiana, and is family is all in ca and az. We need him to be out west due to our father having very fatal illness, his time is running out.
What can we do as a family to try for house arrest in az?

In order to get a sentence modification, you will first have to show that there is some new fact or set of facts that is highly relevant to the sentence but was unknown to the trial judge at the time of sentencing. You will then have to get the trial court to agree that the new fact(s) justify the modification of the sentence.

Don't know if Indiana has a prison furlough program, but if they do that might be a more realistic approach. Check with his attorney.

 

[FlyingRon]

Did he have a medical card? That could have saved him from all of this. Get a PD immediately or pay a lawyer to get him out, it shouldnt be too hard, maybe a few thousand bucks but highly worth it.

There's no such thing as a medical marijuana card in Indiana.
What makes you think that drug convictions are easy to overturn?

 

[proxi]

Hello all who read this..
This is my brother and i am not his father i am his sister.. As i stated in the post.
I also posted another thread-arrested and looking for help
that thread was from my mother, she sent that letter to an attorney for help.!!!!!! He said sorry charlie, so now we are just looking for help to file a modification or reduction of sentence. If anyone has any help that could be offered to us. It would be very appreciated.

Thank you all for responding and posting.