04 Jul Post-conviction hearings can lessen sentencing in Maryland

On behalf of Jack B. Rubin, PA posted in Criminal Appeals on Thursday, July 4, 2013.

Court proceedings can be stressful events for anyone facing serious allegations. Going through trials, possible conviction and — in some cases — post-conviction hearings can take their toll on all parties involved. However, if new evidence should present itself and the possibility of a reduced sentence comes to the forefront, then another hearing could be cause for celebration by some.

A Maryland police officer’s sentencing is currently being appealed after the court system found a lower court’s reasoning for the sentence to be inaccurate. The officer involved in the case is one of several who were allegedly involved in taking money from a company in order to have vehicles involved in car accidents sent to that company for repairs. The company would in turn make fraudulent insurance claims on some of those vehicles.

The monetary value the lower court placed on the officer’s involvement was approximately $70,000, which was the basis for his 41-month jail sentence. However, a higher court has found that this assigned value is not entirely accurate as it cannot be assumed that all the insurance claims made by the repair company were fraudulent. The accused will be facing the possibility of gaining a lesser sentence as his case returns to court with the new information.

As this case shows, it is important for anyone facing criminal allegations to ensure that any evidence brought against them is legitimate. Post-conviction hearings are not altogether uncommon, and the accused parties should maintain their beneficial evidence in the chance that it can be of use later. By being aware of Maryland criminal proceedings relating to their cases, individuals may be able to better prepare for their court dates. Requesting evidence the prosecution may have against them could also pay dividends as their case proceeds.

Source: The Baltimore Sun, “Appeals court overturns officer’s sentence in Majestic case,” Ian Duncan, June 18, 2013