I live in Montgomery County, Maryland. On May 9 2008 I was convicted of conspiracy to commit theft under $500. I got a public defender but w...

Question

I live in Montgomery County, Maryland. On May 9 2008 I was convicted of conspiracy to commit theft under $500. I got a public defender but was given a more expensive lawyer because all of the public defenders were representing the other people who were involved in the case. The phone number I have no longer works. I was sentenced to 1 year and 6 months in prison but had it suspended and only served 1 year probation which I completed successfully.The status of my case is empty, unlike the statement of charges and warrant which are both closed. The last two entries on my court docket which I accessed through Maryland's Judiciary Case Search are as follows:

Docket Description: MOTION, RECONSIDERATION OF SENTENCE

Docket Type: Motion Filed By: Defense Status: Open

Ruling Judge: BOYNTON, DAVID A

Docket Text: DEFENDANT'S MOTION TO RECONSIDER SENTENCE, FILED.

A month later the entry shows:

Docket Description: HELD IN ABEYANCE

Docket Type: Docket

Ruling Judge: BOYNTON, DAVID A

Docket Text: ORDER OF COURT (BOYNTON, J.) HOLDS THE DEFENDANT'S MOTION FOR RECONSIDERATION TO BE HELD SUB CURIA PENDING REQUEST FOR A HEARING, ENTERED. (COPIES MAILED)

I was told by my lawyer that I was granted a guilty verdict with probation before judgment, only the guilty verdict shows up when I look up my record, This leads me to believe the motion for reconsideration was for me to get a probation before judgment verdict.

Here are my questions:

1. Is there any sort of time limit which requires the judge to respond and (wishful thinking) automatically grant me my motion because he has not responded in over three years?

2. I have tried very hard and been unsuccessful in reaching my lawyer, is there some agency I can contact to find him?

3. I may be mistaken but isn't a lawyer required to see a case through to the end once he is hired or will I have to rehire him or someone else?

4. If he is wouldn't that mean he has to do something about the judges lack of response? 5. Specifically, get a response and if I have not been convicted of any crimes since grant my motion for reconsideration?

6. If there is really no way to find my lawyer (if he left, quit, moved, etc), is the public defense office required to provide me with another lawyer?

Thank you so much for your time I really appreciate any information you could provide and would be so grateful for any advice given.

Answer

1. No, there is not a time limit on the judge. Motions are not granted automatically. A motion held sub curia requires the defendant to request a hearing. Be careful of two things at this point: a) after 5 years the judges loses jurisdiction to change the sentence, and b) once the courts denies a motion the court loses jurisdiction to change the sentence. This could be important if the purpose of the motion was to change the conviction to probation before judgement and if that change has not yet happened. The time limits would be on the parties, instead of the court.

2. Contact the District Public Defender for the court where your case was heard and request their assistance either locating the lawyer who represented you or appointing a new one. Also, check for your lawyer's contact information with the Attorney Grievance Commission. There is a link to AGC at mdcourt.gov .

3. Yes, the lawyer is supposed to see your case through, and that is why the District Public Defender should help you.

4. He should pursue a hearing, if you instruct him to do so.

5. No one can compel a judge to respond, but judges usually do respond. The court would not have anything to gain by not responding to you.

6. See answers 2 & 3.

Answer

You need to call the public defender. I'm not sure if they always handle post-conviction motions. But if anyone would assign you a new lawyer, it would be them. If they don't, I'd be happy to take a look at if for you. Mr. Welch's answers to the other questions are accurate. Don't wait more than 5 years from your sentencing date if you ever want to get a PBJ. And do it as soon as you can, because you will still have to wait 3 years for expungement once you get the PBJ.