Legal Question in Criminal Law in Maryland

Convicted 45days consecutive exploring options

3yrs ago I was given probation. For having marijuana seeds in a medicine bottle of a car I was driving. It was a borrowed car and I was the only one driving it.

Well, I unfortunately had to violate the probation. I am a single parent of 4 and to comply with the demands made would have left me unemployed.

Well, as a result 2 days ago I was senteced to 45days consecutive. With Work Release or Home Detention recommended by the judge.

Location: Hartford County, Maryland

I didn't have a lawyer and the prosecution had absolutely no paperwork on me. I was the last one called and basically the State was surprised to see me.

The state left it in the judges hands and ofcourse he threw the book at me.

HERE ARE MY QUESTIONS:

1. Should I persue a hearing on time reduction. And how do I go about it.

2. How much time behind bars does this actually mean. I am with the understanding that you don't do all the time given etc...

(If I opt against the work release or Home Detention)

This is my first and only drug conviction or for that matter anything else. Yes, I did have a peppery Childhood 12yrs ago. But absolutely no convictions.

Thanks for any assistance given

nighttraindb


Asked on 8/26/01, 2:58 am

3 Answers from Attorneys
Judith Stainbrook Law Offices of Judith S. Stainbrook

Re: Convicted 45days consecutive exploring options

I'm a little confused as to why you aren't in jail now, but you can file a Motion to Modify, asking the judge to reduce the sentence, and if this took place in District Court, you can appeal to Circuit Court and ask the District Court judge to set an appeal bond so you will not be incarcerated while the appeal is pending. You would normally not serve the entire 45 days but would be given credit for some of the time served, and you can call the Harford County Detention Center and ask what the time normally would be.

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Answered on 9/04/01, 9:25 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Convicted 45days consecutive exploring options

If there was no basis for the judge to make a decision as to whether

you violated probation, then a motion to vacate an improper ruling can be

filed on an appeal to Circuit Court.

Of 45 days, you will serve 35 (give or take). You will get credits for "good time" served, this

is usually 2 or 3 days of every 10 on the sentence and is ordinarily added in as a

reduction up front. This means you get the credit right away unless you provide some

reason for it to be withdrawn. Again, this is typical but not required.

Other options may exist, call me at (410) 799-9002.

DISCLAIMER: No legal advice is being provided by this communication. When confronted with a

legal problem, the best advice is to obtain the service of a trained attorney.

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Answered on 9/13/01, 3:47 pm
Shuan Rose Law Office of Shuan Rose

Re: Convicted 45days consecutive exploring options

Dear sir,

I presume that the court has postponed the date for which you are to begin serving your sentence, and that you are still out.

You have a couple of options:

1. File a motion to modify, requesting that you be given less time or that you be continued on probation.Generally, however, a judge will not modify a sentence unless he is given a VERY Good reason to do so.

2. File an appeal to the Circuit Court. The Circuit Court can overturn the sentence, but they usually won't unless again you have a very good reason.

3. Serve out your sentence. You won't have to serve the full sentence in most cases.The length of your sentence should not be affected by whether you choose home detention or work release.

If you want to file for an appeal or for sentence modification, a lawyer can be of help in filing for either and in formulating arguments why the sentence should be less.

Please feel free to contact me for more information if this answer has been helpful.

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Answered on 9/06/01, 6:21 pm


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