Legal Question in Criminal Law in Maryland

Theoretically, yes, but if it's been more than 5 years the court can't grant a straight sentence modification after 5 years from the date of sentence. An 8-505 has no time maximum. So, you could try that again. I have to think, though, if the judge has already received the evaluation from the Health Department and denied the motion, that it is unlikely that it will now be granted unless something has changed drastically.

Motion for modification must be filed within 90 days of sentencing. It is extremely difficult to get a court to order an 8-507 commitment in cases that involve crimes of violence. Beware that another request for 8-505/507 may have the collateral consequence of keeping your son in prison longer, because the DHMH commitment must be completed before he is released from DOC. Some judges realize that it is a way to keep a person in prison even if he is granted parole. Eligibility for parole begins at half of a robbery sentence.

The only other way to get back in to court is postconviction. Investigating whether there is a basis for a new trial and then pursuing a petition involve significant time and resources. Candidly, it is difficult at best to show a violation of the Constitution when someone has pled guilty. His best shot is probably to take advantage of every DOC program, including drug treatment in prison, on order to improve his chances for parole.