Legal Question in Criminal Law in Maryland

Hi, my husband was convicted of second degree burglary in 2010. He was admitted into the Drug Court program in Wicomico County Circuit Court in Salisbury, MD to avoid jail time. He was in the program for 9 months (May 2011-January 2012) and was discharged unsuccessfully. He was sentenced to 2 years 6 months DOC time on June 1, 2012. In September he filed under Maryland Rule MD Code 6-218 for Modification of Sentence/Time Accreditation for time spent in the drug court program. This was dismissed by the judge because he didn't "file it properly" by not sending a copy to the States Attorney. He re-filed October 9, 2012 and the states attorney immediately opposed it as "it was a voluntary program" however, the judge has not ruled on it. I called the clerk this past week and they told me the judge has had the papers since October 10. It has been a month now and we haven't heard anything else. Is there a time period in which she has to rule on it and is there anything else we can do?


Asked on 11/11/12, 6:30 pm

1 Answer from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

No, there is no time period in which a judge is required to rule on a reconsideration. But I hope you filed the motion within the 90 day deadline (probably would have been due by 8/31/12), otherwise it will automatically be denied. If you are having no luck, you could consider getting a lawyer to make it work more smoothly.

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Answered on 11/13/12, 9:43 am


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