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Motions for Modification of Sentence in Maryland

In the State of Maryland, a defendant sentenced to more than two years in prison, has the right, within 30 days of sentencing, to file an application for review of sentence by a three-judge panel. Additionally, within 90 days of sentencing, a defendant has the right to file a motion for modification of sentence to request that the sentencing judge reconsider the sentence imposed. In some cases, counsel will file the motion and request that it be held in abeyance pending an inmate’s institutional adjustment. If a motion is not filed within 90 days of sentencing, the court will no longer have jurisdiction over the sentence. In that case, a defendant may file a post-conviction petition alleging ineffective assistance of counsel for failing to file within the 90 day time period. If successful, a petitioner will gain the right to file a belated motion for modification of sentence.

The purpose of a motion for modification of sentence is not to contest whether a defendant received a fair trial or to argue about guilt and innocence. Instead, the purpose behind a motion for modification of sentence is to convince the judge that a particular defendant’s sentence should be reduced. In that regard, Lawlor & Englert, LLC will work with case managers, family, and friends to collect reports, certificates, and letters to support the motion. We have assisted many clients in putting their institutional progress in the best possible light before the court.

The information on this web site is provided for general informational purposes only and is not legal advice. Reading information from this web site does not create an attorney-client relationship.
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