Motion Gavel

Motion to Correct Illegal Sentence

Under Maryland Rule 4-345(a) an illegal sentence may be corrected at any time. You file a Motion to Correct Illegal Sentence in the court where your trial or plea took place.  It is typically ruled on by the judge who heard your case or the judge who inherits your sentencing judge’s docket.  You are not[…]

Can the court lower my sentence?

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. 
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