Ocean City Sentence Reduction & Modification Lawyer
If you or a loved one have been recently convicted of a criminal offense in Ocean City, MD, and were dissatisfied with the sentence imposed, you have the right to ask the judge to consider modifying your sentence. A sentence modification can reduce jail or prison time, alter the conditions of probation, and even convert a guilty finding into probation before judgment. To have the best chance of obtaining the outcome you desire, you need to hire an experienced sentence modification attorney.
Richard J. Brueckner has helped many clients seeking sentencing modifications and reductions achieve a favorable outcomes. He knows how to craft compelling motions for misdemeanor and felony offenses and will effectively guide you through the sentence modification process and ensure your rights are protected.
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You Must Act Quickly
After being sentenced in Maryland, you have just 90 days to file a Motion to Modify the Sentence or a Motion for Reconsideration with the clerk of the county where your case was heard. Attorney Richard J. Brueckner can assist you with the filing process and will most likely submit a request to the judge to hold the motion “sub curia” (for a longer period) until a hearing is requested at a later date. A hearing can be postponed up to five years from the date of filing.
The reason for asking the judge to wait before deciding to modify your sentence is to give you time to demonstrate why you are worthy of a second chance. The judge is more likely to reduce or modify your sentence if you can show you are putting forth a good faith effort and delivering actionable results, such as exhibiting good behavior in jail or prison, paying restitution to the victim(s) harmed, completing drug or alcohol classes, or completing other aspects of your probation.
What if I Missed the 90 Day Deadline?
If you fail to file a motion to modify your sentence within the 90-day deadline, the court will no longer have jurisdiction over your sentence and you would lose your right to request that the judge change your sentence. However, if you were previously represented by another lawyer who mishandled your case and did not file a motion for modification within the correct time frame, you may be eligible to file a belated motion for modification.
Grounds for Sentence Modification
- New facts have come to light which was not presented at the time of the original sentencing
- Completion of rehabilitative programs while incarcerated
- Significant hardships of loved ones in the absence of the incarcerated
Seek Post-Conviction Relief for Drug Crimes Through the Justice Reinvestment Act
Are you currently serving a mandatory minimum felony drug sentence without parole? Thanks to the Justice Reinvestment Act, you may be eligible to apply for a “retroactive reconsideration” of your sentence. To be considered, you must file a motion for a reduction of your sentence by September 30, 2018. Before making a decision, the court will consider the nature of the drug crime, your criminal history, chances at rehabilitation, and any threat you pose to the public. It’s of critical importance to have an experienced criminal defense attorney by your side who can persuade the court you are a good candidate to have your sentence reduced.