Legal Question in Criminal Law in Maryland

I have a question we were in court for a motion of reconsideration for my son. The motion was denied because the judge stated that he was sentenced under the guidelines. He went on to state that my son was sentenced for 15 years and that all other charges ran concurrent. This was in correct according to the previous sentence he was sentence for a total of 20 years. Now the states attorney was in the room and did not correct the judge. What steps do I do to get the sentence charged to reflect the judges statement.

Also, the 20 year sentence is not under guidelines which the motion for reconsideration was denied for. Are we allowed to request another motion.

My son has served 5 and 1/2 yrs on a 20 year sentence. The crime is classified as violate and thus he will have to serve half of his sentence in the state of Maryland. However he currently has 2344 good conduct credits. Will this help him to be able for parole?

Thank you for your assistance.

Concerned mother


Asked on 6/16/10, 12:47 pm

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

At most you may get another hearing to correct the inconsistency between denial of the motion and the stated reduction of 20y to 15y. If you get that hearing, the court will probably correct itself and deny the motion. A defendant may pursue one modification, and if it is denied the court loses jurisdiction. However, if the court modifies the sentence, then the defendant may file another motion for modification.

The good conduct credits certainly do not hurt, but whether the commission grants parole is a matter for its discretion. Certainly, it helps a candidate for parole to have been a model prisoner. However, the number of good conduct credits does not translate automatically into a decision for or against parole.

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Answered on 6/16/10, 6:42 pm


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