Short answer: Yes, if the defendant or the attorney filed the right document at the right time. That does not mean that the court will lower the sentence, but the option isn’t even on the table if the proper document was not filed at the proper time. In my practice, I have seen the full gamut of rulings on Motions to Modify Sentence, from flat denials at the time of filing to life sentences being modified to time served sentences, which resulted in a defendant’s immediate release. In all likelihood, such defendants would have otherwise died in prison. What happens in a particular case depends on a number of factors that are unique to that case, but a defendant won’t even have a chance at this type of relief unless the Motion is filed on time.
Post Conviction in Maryland. What it is and what it isn’t.
Post convictions are lost far more often than they are won. Your post conviction is your last guaranteed opportunity to appear before a judge. Consult with an experienced attorney. Call Erica J. Suter at 301.880.7118. Collect calls accepted. email@example.com
I hope to provide useful information to readers regarding Maryland postconviction law in plain language for lawyers and nonlawyers alike.