While most people unfamiliar with the criminal justice system may think that if they are convicted or plea guilty to a crime, they will serve a prison term. In some cases this may be true, but for many misdemeanors and plenty of Felony cases there are a wide range of sentencing options that Indiana Courts have.
Suspended Sentences for Misdemeanors
A Court has the ability under Indiana Code 35-50-3-1 to suspend a person’s sentence:
Sec. 1. (a) The court may suspend any part of a sentence for a misdemeanor.
(b) Except as provided in subsection (c), whenever the court suspends in whole or in part a sentence for a Class A, Class B, or Class C misdemeanor, it may place the person on probation under IC 35-38-2 for a fixed period of not more than one (1) year, notwithstanding the maximum term of imprisonment for the misdemeanor set forth in sections 2 through 4 of this chapter. However, the combined term of imprisonment and probation for a misdemeanor may not exceed one (1) year.
(c) Whenever the court suspends a sentence for a misdemeanor, if the court finds that the use or abuse of alcohol, drugs, or harmful substances is a contributing factor or a material element of the offense, the court may place the person on probation under IC 35-38-2 for a fixed period of not more than two (2) years. However, a court may not place a person on probation for a period of more than twelve (12) months in the absence of a report that substantiates the need for a period of probation that is longer than twelve (12) months for the purpose of completing a course of substance abuse treatment. A probation user’s fee that exceeds fifty percent (50%) of the maximum probation user’s fee allowed under IC 35-38-2-1 may not be required beyond the first twelve (12) months of probation.
As you can see from the statute, the court can order you to probation instead of jail time for a criminal case.
Suspended Sentences for Felony Crimes
Similar to misdemeanors, Indiana Courts can in some circumstances suspend all or a part of the sentence that is given at the time of sentencing (I.C. 35-50-2-2):
(a) The court may suspend any part of a sentence for a felony, except as provided in this section or in section 2.1 of this chapter.
Of course with felonies, sentence suspension may not be as easy to achieve as it can be with misdemeanor crimes. Indiana Code 35-50-2-2 lists several types of crimes and repeat offender situations that may require the Court to impose a mandatory minimum portion of the sentence.
Alternative Sentencing Placement
In some cases, defendant’s can be placed in a home detention or similar program to serve part of the sentence or a possible mandatory minimum sentence that is required to be served as part of an overall sentence. Indiana Code 35-38-1-21:
(b) Notwithstanding IC 35-35-3-3(e), and after a hearing held under this section, a sentencing court may order the offender named in the petition filed under IC 35-38-3-5 to be placed in home detention under IC 35-38-2.5 instead of commitment to the department of correction for the remainder of the offender’s minimum sentence.
There are a variety of programs throughout the State of Indiana that can be used to “serve” part of a sentence if the Court order’s a sentence to be carried out.
The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, parenting time, child support, paternity, child custody and criminal matters such as DUI/OWI, drug offenses, traffic offenses, etc. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so. DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.
