MARYLAND CRIMINAL APPELLATE ATTORNEYS  

WRITS & APPEALS - POST CONVICTION RELIEF IN MARYLAND

When a loved one is convicted of an offense that you know they did not do, or even if you think you have been convicted of an offense due to an error by the court or the lawyer handling your case, the uncertainty can be emotionally devastating. This is where we can help. Contact our Maryland criminal appellate attorneys and begin by telling us the following:

• why you think the conviction should not have occurred;
• what steps you took to prevent the conviction from happening;

Once you give our Maryland criminal appellate lawyers some basic information, we will tell you whether we can attempt to help or not. If we think, we can help you, then we will ask you to gather all the documentation in regards to your case and then retain our services to review the file and tell you whether we think you definitely should file an appeal or not.

If you would like to learn more information about our Maryland criminal appeals' team, please feel free to call our office via our toll free number. You can also contact a SRIS, P.C. Maryland criminal appellate attorney by sending us an e-mail or by filling out our on-line form. We have two offices in Maryland to better serve you.

The Maryland criminal appellate lawyers of SRIS, P.C file writs and appeals in Maryland state and federal courts. We routinely tell people who want to file a writ or an appeal that TIME IS OF THE ESSENCE. Our Maryland criminal appeal lawyers tell our clients that if all the steps of a writ or an appeal are not handled in a timely manner, then the client may never be able to find justice. The Maryland state and federal courts place severe deadlines on people who wish to file an appeal. Also, there is a tremendous amount of information that has to be gathered to prepare a criminal case for an appeal.

To learn more about the laws pertaining to criminal appeals & writs in Virginia or Massachusetts, please click on the state.

If you would like to have a better understanding of these Laws, please click on any of the following issues:

• Right to begin proceeding
• Appeal of final order
• Petition
• Right to counsel and hearing

Maryland Post Conviction Relief

Maryland Code § 7-102. Right to begin proceeding (top)

(a) Subject to subsection (b) of this section, §§ 7-103 and 7-104 of this subtitle and Subtitle 2 of this title, a convicted person may begin a proceeding under this title in the circuit court for the county in which the conviction took place at any time if the person claims that:
(1) the sentence or judgment was imposed in violation of the Constitution of the United States or the Constitution or laws of the State;
(2) the court lacked jurisdiction to impose the sentence;
(3) the sentence exceeds the maximum allowed by law; or
(4) the sentence is otherwise subject to collateral attack on a ground of alleged error that would otherwise be available under a writ of habeas corpus, writ of Coram nobis, or other common law or statutory remedy.
(b) A person may begin a proceeding under this title if:
(1) the person seeks to set aside or correct the judgment or sentence; and
(2) the alleged error has not been previously and finally litigated or waived in the proceeding resulting in the conviction or in any other proceeding that the person has taken to secure relief from the person's conviction.

Maryland Code § 7-109. Appeal of final order (top)

(a) Within 30 days after the court passes an order in accordance with this subtitle, a person aggrieved by the order, including the Attorney General and a State's Attorney, may apply to the Court of Special Appeals for leave to appeal the order.
(b)(1) The application for leave to appeal shall be in the form set by the Maryland Rules.
(2) If the Attorney General or a State's Attorney states an intention to file an application for an appeal under this section, the court may:
(i) stay the order; and
(ii) set bail for the petitioner.
(3) If the application for leave to appeal is granted:
(i) the procedure for the appeal shall meet the requirements of the Maryland Rules; and
(ii) the Court of Special Appeals may:
1. affirm, reverse, or modify the order appealed from; or
2. remand the case for further proceedings.
(4) If the application for leave to appeal is denied, the order sought to be reviewed becomes final.
(c) The Court of Special Appeals shall direct the political subdivision in which an order is passed to pay the necessary costs and expenses associated with a review under this section, including all court costs, stenographic services, and printing, if:
(1) a person seeks a review under this section within 30 days after judgment;
(2) the Court of Special Appeals grants leave to appeal under this section; and
(3) the Court of Special Appeals finds that the person is unable to pay the costs of the review.

RULE 4-402. PETITION (top)

(a) Content. The petition shall state whether or not petitioner is able to pay costs of the proceeding or to employ counsel and shall include:
(1) The petitioner's name, place of confinement, and inmate identification number.
(2) The place and date of trial, the offense for which the petitioner was convicted, and the sentence imposed.
(3) The allegations of error upon which the petition is based
(4) A concise statement of facts supporting the allegations of error
(5) The relief sought.
(6) A statement of all previous proceedings, including appeals, motions for new trial and previous post conviction petitions, and the determinations made thereon.
(7) A statement of the facts or special circumstances which show that the allegations of error have not been waived.

Maryland Code § 7-108. Right to counsel and hearing (top)

(a) Except as provided in subsection (b) of this section, a person is entitled to assistance of counsel and a hearing on a petition filed under this title.
(b)(1) If a person seeks to reopen a post conviction proceeding under § 7-104 of this subtitle, the court shall determine whether assistance from counsel or a hearing should be granted.
(2) If an appeal has been taken from the judgment of conviction to the Court of Special Appeals, until the judgment of conviction becomes final in the Court of Special Appeals, the court need not:
(i) appoint counsel;
(ii) hold a hearing; or
(iii) act on the petition.

Do you believe that justice was done? Do you think that you were mistakenly found guilty of a crime? Are you interested in finding out whether a criminal charge against yourself or a loved one can be reversed? Contact a SRIS, P.C. criminal appeal lawyer to see what options you may have. Send us an e-mail or fill out our on-line form.

The Maryland criminal appeals attorneys and Law Offices of SRIS, P.C., is located in Rockville and Annapolis but our sphere of activity is statewide.

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