Maryland Uniform Post-Conviction Procedure Act
(§ 7-101 through 7-109 of the Criminal Procedure Article of Maryland Code)
An individual convicted of and sentenced for a crime may be eligible for post-conviction relief under the Uniform Post-Conviction Procedure Act. To be eligible to file this petition, a person must be incarcerated, on parole, or on probation. A person may file one petition per trial resulting in a conviction and sentence, and must do so within 10 years after the sentence was imposed by the trial court. A person may file this petition if they desire to set aside or correct their conviction or sentence, and the claimed error must not have been fully and finally litigated or waived in the trial or any other proceeding. The petitioner is limited to the following claims:
- The conviction or sentence violated the U.S. constitution, Maryland constitution, or the laws of the U.S. or the state of Maryland,
- The court did not have jurisdiction to impose the sentence,
- The sentence the judge imposed, exceeds the maximum allowed under the law, or
- The sentence is otherwise subject to collateral attack, including but not limited to attack by a writ of habeas corpus, writ of coram nobis, or other common law or statutory relief.
Some of the most common post-conviction proceedings involve claims of ineffective assistance of counsel, failure to file a motion for modification or reduction of your sentence, or a petition for DNA testing.
In rare circumstances, if a person can show extraordinary cause, the court may permit a post-conviction petition to be filed more than 10 years after the sentence was initially imposed by the trial court. Additionally, if the court determines that reopening a previously concluded post-conviction would be in the interests of justice, the court may do so.
If you believe that you or someone you love is eligible for post-conviction relief, call the Law Office of Warren A. Brown for a CONFIDENTIAL CONSULTATION at 410-685-4900 or take a moment to complete our confidential and secure FREE CONSULTATION intake form. The additional details you provide will greatly assist us in responding to your inquiry.