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Indiana criminal sentencing credits:
Friday, December 17, 2021
Indiana Criminal Sentencing Credits:
Whenever someone is sentenced in a criminal case in Indiana, the Court takes great concern to appropriately and accurately apply any credit time the defendant is afforded in accordance with the Indiana Criminal Sentencing Credits. Credit time and suspended time can be beneficial if you’ve been convicted of a crime. Your criminal defense attorney may be able to help you get the suspended or credit time that you deserve.
But what is credit time?
IC 35-60-6-0.5 defines four types of credit:
- Accrued time – the number of days that a defendant is jailed or confined.
- Educational credit – a certain amount of time/days credited or reduced from the defendant’s sentence for participation in vocational, educational, rehabilitative programming, etc. while incarcerated.
- Good time credit – so long as a defendant has good behavior while in custody, they are awarded a further reduction of their sentence based on the credit determinations below.
- Credit time – the sum of accrued time + good time credit + educational credit.
Not all criminal charges are treated the same and not all types of sentences are eligible for good time credit. For example, depending on the level of the criminal offense for which you are convicted it will determine to what extent you can earn good time credit on that sentence.
Generally, for the accrual of credit time you must be sentenced to an executed sentence, which clearly includes time in prison and jail and may include time spent in house arrest and a work release program. However, in order for your time during house arrest or work release to count toward a good time credit, it must be a direct commitment and not a condition of your probation. You do not earn credit during probation or parole. These distinctions matter a great deal if you and your attorney are negotiating a plea agreement that includes punishments outside of jail or prison.
When you are released early from jail or prison due to credit earned, you are not necessarily finished with your sentence. You may be released on parole, which will include a number of rules. You may have to follow specific conditions and check in with a parole officer until your executed sentence is fulfilled.
Obtain Legal Representation:
It is important for those charged with a criminal offense to know their rights and have legal representation. Our attorneys are experienced in working with Indiana’s criminal sentencing credits to help get you the best resolution in your case. If you or someone you know has been charged with a criminal offense in Indiana give us a call at 574-268-9995 to meet with one of our experienced criminal defense attorneys to help you with your case. We can assist you in Kosciusko County, Wabash County, or any of the surrounding counties.