Drug Crimes, Substance Abuse Why is my sentence longer than legal maximum

[Cdb3]

My question involves criminal law for the state of: Indiana

My question involves criminal law for the state of: Indiana

Hi thanks for your time. I was charged with possession of marijuana a class b misdemeanor. I guess I kinda confused on my sentencing. I know the max sentence is 180 days, as of January 1, 2015. I was signing a plea agreement with the prosecutor in front of the judge for a suspended sentence of 365 days and 365 days of probation along with various fines and fees, And drug and alcohol classes, and 60 hours of community service.
While the prosecutor was going over the agreement with the judge, the judge stated that they could only give me 180 days suspended becouse that was the maximum aloud. So instead of rewriting the whole plee agreement the prosecutor just scratched out the 365 days suspended and wrote in 180 days suspended, but she left the 365 days of probation along with rest of sentencing, classes, fees etc.
does anyone know why or if this sentence is legal. I guess I'm wondering why it's so severe. Also shouldn't they had changed the probation to 180 days. Keep in mind this is a first offense drug case. I have been arrested before just not for drugs. Thanks again Your time and answers. O and sorry so long

 

[army judge]

My question involves criminal law for the state of: Indiana

My question involves criminal law for the state of: Indiana

Hi thanks for your time. I was charged with possession of marijuana a class b misdemeanor. I guess I kinda confused on my sentencing. I know the max sentence is 180 days, as of January 1, 2015. I was signing a plea agreement with the prosecutor in front of the judge for a suspended sentence of 365 days and 365 days of probation along with various fines and fees, And drug and alcohol classes, and 60 hours of community service.
While the prosecutor was going over the agreement with the judge, the judge stated that they could only give me 180 days suspended becouse that was the maximum aloud. So instead of rewriting the whole plee agreement the prosecutor just scratched out the 365 days suspended and wrote in 180 days suspended, but she left the 365 days of probation along with rest of sentencing, classes, fees etc.
does anyone know why or if this sentence is legal. I guess I'm wondering why it's so severe. Also shouldn't they had changed the probation to 180 days. Keep in mind this is a first offense drug case. I have been arrested before just not for drugs. Thanks again Your time and answers. O and sorry so long

If you felt the sentence was improper, you shouldn't have agreed to it.
This is a question you need to discuss with your public defender or the local ACLU.

 

[Cdb3]

I understand. Do you have any information as to wether this sentence is legal

 

[army judge]

I understand. Do you have any information as to wether this sentence is legal

Legal is a term applied to a court ruling.
That doesn't happen in a vacuum.
Again, you should ONLY discuss sensitive matters with YOUR attorney.
Don't take the "FaceBook", "social media" approach to your confidential, private life matters.
I urge you to speak ONLY to your lawyer.

If you took a plea, agreed to the plea, AFTER being admonished about the plea in open court on the record, the legality of that plea is unquestionable.
Its also not open to appellate relief.
The law's position is you took the plea.

If coercion, duress, corruption, or the like can be shown, MAYBE the plea can be overturned and the matter remanded for rehearing.

That won't happen via the internet, and that requires you to hire a licensed lawyer in your state.

 

[CdwJava]

It is not uncommon for probation time to greatly exceed the jail time. A person could face 60 days in jail and still get three years of probation with that time hanging over their head. The alternative might be to choose to serve the 180 days and get out of jail without any probation, if that works better for you.

 

[army judge]

It is not uncommon for probation time to greatly exceed the jail time. A person could face 60 days in jail and still get three years of probation with that time hanging over their head. The alternative might be to choose to serve the 180 days and get out of jail without any probation, if that works better for you.

Some find it RESTRICTIVE to be on the probation "leash".
If they were to compare the probation "leash" to prison or jail "yoke", the probation "leash" might be preferable.
Truthfully, I prefer to obey THEIR laws!!!

 

[CdwJava]

While I hear a lot of people complain about being on probation, I see very few choosing incarceration over probation. Those that DO choose the jail time tend to want to go back to their criminal ways unfettered by the possibility of searches interfering with their "career" opportunities.

 

[army judge]

While I hear a lot of people complain about being on probation, I see very few choosing incarceration over probation. Those that DO choose the jail time tend to want to go back to their criminal ways unfettered by the possibility of searches interfering with their "career" opportunities.

Yes, the truth you have typed.