Legal Question in Criminal Law in Maryland

My husband was sentenced to life suspend all but 40 years with 2 years probation 1st 20 no parole. At his plea hearing the lawyer advised him that they wasnt going to oppose a sentence of life in his case but instead would give him lifes suspend all but 40 years. The lawyer misadvised him about his sentence because the total term that a judge sets is a imposed sentence regardless of how much of that term is suspended and despite all it's wording his sentence has all the attributes of life. He wants to withdraw his guilty plea based on the fact that he was misinformed of the consequences of his sentence. He is serving time in maryland so what can we do to get him back in court

Asked on 8/07/13, 11:23 am

1 Answer from Attorneys

William Welch William L. Welch, III Attorney

Your husband has 10 days from the day that he entered the guilty plea in which to file a motion asking to withdraw it. He has 30 days from the date that the sentence was imposed in which to note and appeal, and one of the things that he might claim in his appeal is the ineffective assistance of his lawyer. Finally, he might file a petition for post conviction relief.

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Answered on 8/08/13, 4:49 am

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