Concerned about a Maryland motion for reconsideration of sentence? This information is for you.
Under Maryland Rule 4‑345, a sentencing court has revisory power to modify or reduce a criminal sentence when specific timing requirements are met. While relief is discretionary, a successful motion can lead to reduced incarceration, placement in treatment, modified probation, or—in appropriate cases—an outcome consistent with Probation Before Judgment (PBJ). Maryland Rule 4‑345 (official text).
A motion for reconsideration (also called a motion to modify sentence) is one of several post‑sentencing options in Maryland. For a broader overview of how reconsideration fits with other routes (appeals and sentence review), see our earlier explainer: Motion for Reconsideration of Sentence in Maryland Criminal Court and our practice page Criminal Appeals and Post‑Conviction.
The 90‑Day Filing Deadline (Critical) for Maryland Motion for Reconsideration of Sentence
To preserve your right to seek a change, you must file a Motion for Reconsideration / Motion to Modify within 90 days of the original sentencing date. These are calendar days (weekends and holidays count). If the motion is not filed within 90 days, the court generally loses authority to modify the sentence unless separate relief later restores that right. See Rule 4‑345(e)(1) and this Maryland public guidance summarizing “90 days to file / five years to act.”
If you’re comparing options after sentencing, also review the separate process for a Three‑Judge Panel Review of Criminal Sentence (distinct from reconsideration).
Practice tip: Many defendants file within 90 days and ask the court to hold the motion “in abeyance” (i.e., not decide immediately). This allows time to complete treatment, show rehabilitation, and gather support materials—often strengthening the request before a hearing is set. This approach is consistent with the court’s revisory power under Rule 4‑345. For strategy considerations specific to reconsideration practice, see our overview here.
The Court’s Five‑Year Window to Act for Maryland Motion for Modification of Sentence
Even when the motion is timely filed, the court’s authority to act is time‑limited. Under Rule 4‑345(e)(1), the judge may not revise the sentence after five years from the date the sentence was originally imposed, and may not increase the sentence when ruling on a reconsideration. Rule 4‑345(e)(1). [courts.state.md.us]
Maryland’s public guidance conveys the same practical summary: you have 90 days to file, and the judge has five years from your request to act—grant, deny, or hold a hearing. Maryland government FAQ. [msa.maryland.gov]
Note: Rule 4‑345 contains limited exceptions outside the 90‑day/five‑year framework—e.g., illegal sentence; fraud, mistake, or irregularity; certain non‑support cases. See Rule 4‑345(a), (b), (d). Rule 4‑345. [courts.state.md.us]
If the 90‑Day Filing Was Missed
If prior counsel failed to file within 90 days, you may be able to restore the right to seek modification through post‑conviction proceedings alleging ineffective assistance of counsel. If granted, courts can permit a belated motion to modify; the authority to change the sentence still comes from Rule 4‑345. To learn how our team handles these issues, see Post‑Convictions and Motion for Reconsideration and our practice page Criminal Appeals and Post‑Conviction.
What to Do Next for your Motion for Reconsideration
- File within 90 days of sentencing—even if you plan to request a hearing later. See Rule 4‑345(e)(1). For step‑by‑step context, see our post Motion for Reconsideration of Sentence.
- Consider asking the court to hold the motion in abeyance while you build a strong record of rehabilitation (treatment, employment, compliance). See Rule 4‑345. If evaluating alternatives, compare with a Three‑Judge Panel Review.
- If the deadline passed, talk to counsel about a post‑conviction pathway to restore the right to seek modification—start with Post‑Convictions & Motion for Reconsideration or our Appeals & Post‑Conviction practice page.
Frequently Asked Questions
How long do I have to file a motion to reconsider my sentence?
You have 90 days from the date of sentencing. See Rule 4‑345(e)(1).
How long can the judge hold my motion?
A judge may act on the motion for up to five years after the original sentencing date. See Rule 4‑345(e)(1).
Can a judge increase my sentence during reconsideration?
No. The rule bars increasing a sentence when deciding a reconsideration motion. See Rule 4‑345(e)(1).
Is PBJ possible through a modification?
In appropriate cases and subject to statutory constraints, courts may exercise their revisory power over “the sentence,” which can include PBJ‑related outcomes. Always case‑specific. See Rule 4‑345.
Get a Free Consultation for your Motion for Reconsideration
If you or a loved one is considering a Motion for Reconsideration—or if the 90‑day window has already passed—Seddiq Law can help you evaluate options, preserve your rights, and build the strongest possible record for relief.
Call 301.513.7832 or visit our contact page below •
You can also visit our homepage and Appeals & Post‑Conviction pages for more information.