Legal Question in Criminal Law in Maryland

If I was denied sentence reconsideration while in jail, can I still try again while im out?


Asked on 1/27/11, 10:44 am

2 Answers from Attorneys
William Welch William L. Welch, III Attorney

No, a denial divests the court of jurisdiction to reconsider the sentence.

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Answered on 1/27/11, 1:36 pm
Jason Cleckner Law Office of Jason Cleckner, LLC

This answer applies to Maryland state courts: I disagree, I believe that as long as you filed to reconsider your sentence within the 90 day filing deadline, and were then denied, you can petition again for a hearing. As long as it is within the 5 year maximum period for reconsidering sentences. Are you now asking for a probation before judgment?

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Answered on 1/29/11, 10:59 am


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