Legal Representation does not always end once you or your loved one is sentenced in a case. At Southern Maryland Criminal Defense, we provide representation for re-sentencing requests, post conviction petitions, Maryland Health General Article 8-505/8-507 requests, as as modifications of probation or other sentencing conditions and expungements. Every case is different and there may be multiple pathways to relief for your case. The most common forms of Post-Conviction Relief we provide are:
Motions to Reconsider
Under Maryland law, a judge can reconsider a sentence anytime withing 5 years of the sentencing date, as long as an initial Motion to Reconsider was filed within 90 days of the sentencing. Even if your trial counsel did not file a Motion to Reconsider, there may be avenues towards requesting a judge reconsider a sentence. If you were sentenced prior to 2004, you are able to file a request for a reconsideration outside of the five year timeline.
Post-Conviction Petition
The Uniform Post Conviction Procedure Act (Maryland Criminal Procedure 7-108) allows anyone currently serving a sentence or on probation or parole to file for relief for errors in the case, such as ineffective assistance of counsel, prosecutorial misconduct, and an involuntary plea. A court may rule that you are entitled to a new trial, or a new sentencing, a correction of the sentence, or the ability to file late post-trial motions. A petition must be filed within ten years of the imposition of your sentence.
Maryland Health General Article 8-505/8-507
Under the Maryland Health General Code, a judge can commit an individual to the custody of the Maryland Department of Health for long term drug treatment in lieu of the Department of Corrections. For most charges, an individual must be parole eligible before a judge can consider this relief. The court will first order an evaluation under 8-505 to determine if the person needs long term drug treatment. If the evaluation recommends treatment, the court will hold a hearing to determine whether to re-sentence someone to an 8-507 placement.
Expungement
Maryland allows for the expungement of specific criminal charges depending on the resolution and amount of time that has passed. Each expungement case is different, and may often require a motion to modify the sentence to make the case expungement eligible. Some cases may require motions for early expungement to request a Judge consider expunging a case earlier than the law typically allows.
While these are the most common forms of relief, there are many forms of modifications and post-conviction relief available to individuals who have convicted and sentenced in Maryland. If you or your loved one needs post-conviction relief, Contact Us Today.
