If you have already been convicted of a crime and are serving a period of incarceration or probation, you have some ways to attack your conviction or your sentence.
You may seek to collaterally attack your conviction based on newly discovered evidence or if your attorney who represented you in the trial phase provided constitutionally ineffective assistance of counsel and you were harmed by it.
Habeas petitions are only heard in Rockville Superior Court and it often takes 2 years to get a trial. Habeas petitions are tried to a court, not a jury, and the petitioner may present evidence and his own testimony. If you win and your conviction is reversed, your case is placed back on the trial list in the lower court to determine whether the state will seek to re-try your case or if the case can be resolved.
See the following habeas litigated by Attorney Paz:
Attorney Paz has handled many sentence modifications. If your sentence is over 3 years then no sentence modification may proceed to the court without the permission of the state's attorney. Gaining the permission of the state's attorney is oftentimes the most difficult part. They look for a number of factors, including: whether you have already served at least half of your sentence, the position of the victim(s) in the case, and also what the petitioner has been doing with his time while incarcerated. The successful petitions involve those who are engaging in the programs offered to him in prison, more specifically education which will benefit him/her when released into the community. It is beneficial to put together a packet complete with character letters, certificates from completed courses and, if possible, letters of support from victims.
Motion to Correct an Illegal Sentence
This Motion is usually filed if you were sentenced to more time allowed by law. Consult with us to see if you qualify.