![]() As a result, the Maryland Courts have said that failure of counsel to file a motion to modify a sentence is ineffective assistance of counsel. But, the Court has no right to increase your sentence. Did you hear that correctly? Yes, the judge does not have to reduce your sentence. Under the law, a judge cannot increase your sentence after you request a reconsideration. There is no risk in filing a motion for reconsideration. We can always ask for a hearing later, but we CANNOT file the motion after the time has passed. This filing stays your right to be heard on the reconsideration at a later day if you wish. The motion has to be filed within 90 days of you being sentenced. However: YOU ONLY HAVE 90 DAYS TO FILE THE MOTION. We sometimes advise our clients to wait a little while before they ask for a hearing on their motion to modify. We can supplement our motion with certificates of achievement, family histories, and attach progress reports showing how well you have done since the judge’s original sentence. But, the beauty of the Maryland Courts is that we get two bites at the apple! With a motion to modify we get the opportunity to have the judge sit and reconsider their original decision. We do our very best to tell our client’s story at their first sentencing hearing. Why is that? Each of our clients have a story. Our firm recommends that a Motion to Reconsider be filed in each case. ![]() Important Facts to Know About Your Motion for Reconsideration of Sentence.
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