We get many calls and emails from potential clients asking us to represent them in their Motion for Reconsideration of Sentence in Maryland. Maryland is a unique state in that it gives the judge, under certain circumstances, the ability to modify the sentence of someone. Unfortunately, some of these clients had attorneys who failed to meet the deadline in filing their Motion for Reconsideration. The attorney must file the motion for reconsideration (sometimes called motion for modification) of sentence within 90 days of their sentence. Md. Rule 4-345(e). Failure to do so is an absolute bar.
However, we have been successful in filing post-conviction cases in these matters where the attorney failed to meet the deadline. When your attorney fails to file your motion for reconsideration it becomes a two-step process. You must first allege that your attorney was ineffective counsel for you because they did not timely file the motion. Then, if successful, we would file a late motion for modification with permission of the judge based on the ineffective assistance of your prior attorney.
If you wish to talk to us about such a case, we can be reached at 301.513.7832 or email at firstname.lastname@example.org