Legal Question in Criminal Law in Maryland

Is it to late to file a motion

In april of 2002 I was granted probation with the consideration of a pbj. In june without my knowledge a motion was filed. in january 2003 i violated my probation (court date the 3 I came the 14) on the 29th I pled guilty I was oblivious to filing another motion I was released to unsupervised probation on 12/23 my probation ended 11/04/05 Is there any way I can get a hearing on the pbj. I had no clue to file another motion Is there anything that can be done some lawyers say yes to ride the coat tail of the first motion. The judge has since retired


Asked on 4/20/09, 2:24 pm

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

Re: Is it to late to file a motion

Your sentence could theoretically be changed back to a PBJ, but because you violated probation, it will be a difficult argument. You better have a very good reason why you need a PBJ. And it is also not a guarantee that you will get a hearing, but it is at least worth filing a motion. You should consider getting an attorney to file the motion, as it would be more likely you will be granted a hearing.

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Answered on 4/22/09, 7:34 am


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