Motion for Modification of Sentence in Maryland

After you or a loved one have had a full trial and have been sentenced, Maryland law allows certain after-trial motions, like the 90-day motion to modify a defendant’s sentence. (This is different from modifying probation terms and conditions.) If the motion is not filed within 90 days, you could possibly lose forever your right to request a change to the judge’s sentence.

It’s extremely important that an experienced attorney handles this situation carefully. It might, for example, make sense for a lawyer to file a motion that preserves the “90-day time element,” but then ask the court to hold the ruling of the motion until a later time. This could be an important strategic factor in the ultimate success of changing a sentence.

Attorney for Criminal Sentencing Laws in Baltimore, MD

If you’ve been sentenced and you’re not happy with the outcome, call my office at 443-709-9999 by contact me by e-mail for a free consultation. The criminal defense attorneys at James E. Crawford, Jr. & Associates in Baltimore, MD, can help you file and litigate a motion for modification of your sentence.

Call 443-709-9999 today.

Maryland’s Sentence Modification Law in § 7-103

Below, I have listed the modification statute for your review:

A Defendant may file a motion for modification within 90 days of the date of sentence. Md. CRIMINAL PROCEDURE Code Ann. § 7-103 (2010).

§ 7-103. Number and time of filing of petitions

(a) Only one petition allowed. — For each trial or sentence, a person may file only one petition for relief under this title.

(b) 10-year filing period.

1. Unless extraordinary cause is shown, in a case in which a sentence of death has not been imposed, a petition under this subtitle may not be filed more than 10 years after the sentence was imposed.

2. In a case in which a sentence of death has been imposed, Subtitle 2 of this title governs the time of filing a petition.

Md. CRIMINAL PROCEDURE Code Ann. § 4-102 (2010)

§ 4-102. Charge by criminal information

A State’s Attorney may charge by information:

1. in a case involving a felony that does not involve a felony within the jurisdiction of the District Court, if the defendant is entitled to a preliminary hearing but does not request a hearing within 10 days after a court or court commissioner informs the defendant about the availability of a preliminary hearing; or

2. in any other case, if a court in a preliminary hearing finds that there is probable cause to hold the defendant.