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Fill Out Your Maryland Modification Sentence Template

The Maryland Modification Sentence form is a legal document used to request changes to a defendant's sentence. It allows the defendant, through their attorney, to seek an evaluation and possible placement in a treatment facility under specific health regulations. If you need to fill out this form, click the button below.

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Fill Out Your Maryland Modification Sentence Template

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Dos and Don'ts

When filling out the Maryland Modification Sentence form, keep the following tips in mind:

Do provide accurate information about the case number and court address.
Don't leave any sections blank; fill in all required fields.
Do ensure that the defendant’s name and SID number are correctly entered.
Don't forget to include the date of the original sentencing.
Do include a clear request for evaluation and placement as specified in the form.
Don't submit the form without reviewing it for errors.
Do attach the Consent Form and Release of Information Form as required.
Don't forget to sign and date the Certificate of Service section.

Misconceptions

Understanding the Maryland Modification Sentence form can be challenging. Here are seven common misconceptions about it:

It is only for drug offenses. Many believe this form is exclusively for drug-related cases. In reality, it can apply to various offenses where treatment is deemed appropriate.
Only the defendant can file the motion. Some think only the defendant has the authority to submit this form. However, the defendant can also be represented by an attorney who can file the motion on their behalf.
The court will automatically grant the request. Many assume that submitting this form guarantees approval. The court evaluates each case individually, and a hearing may be scheduled to discuss the motion.
It requires a perfect legal record. Some believe that only defendants with no legal issues can seek modification. Even those with pending cases or other complications may still file for modification.
The evaluation process is quick. There is a misconception that evaluations happen immediately. In fact, the timeline for evaluations can vary based on several factors, including court schedules and available resources.
All treatment facilities accept defendants with pending charges. Many think that any treatment center will accept a defendant regardless of their legal situation. In truth, some facilities may have restrictions based on the defendant's current legal status.
Consent forms are optional. Some individuals believe they can skip the consent and release forms. However, these forms are crucial for allowing the evaluation and treatment process to proceed smoothly.

Understanding these misconceptions can help clarify the purpose and process of the Maryland Modification Sentence form.

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Key takeaways

When filling out and using the Maryland Modification Sentence form, there are several important points to keep in mind:

Understand the Purpose: This form is used to request a modification of a sentence, particularly for individuals seeking treatment.
Complete All Required Fields: Ensure that all sections, such as case number, defendant details, and attorney information, are filled out accurately.
Know the Legal References: Familiarize yourself with Health General § 8-505 and § 8-507, as these sections provide the legal basis for the motion.
Consent is Key: The defendant must consent to treatment and the release of necessary information. This is crucial for moving forward with the request.
Check for Pending Cases: Be aware of any pending trials or sentences that may affect the request for treatment placement.
Request an Evaluation: Clearly state the request for an evaluation and placement in the motion. This is a critical part of the process.
Schedule a Hearing: Ask the court to schedule a hearing once the evaluation report is received. This step is essential for timely processing.
Service of Motion: After completing the form, ensure that it is served to all relevant parties by mailing it with proper postage.

By following these key takeaways, individuals can navigate the modification process more effectively and increase the chances of receiving the necessary treatment.

Guidelines on Utilizing Maryland Modification Sentence

Filling out the Maryland Modification Sentence form requires careful attention to detail. After completing this form, it will be submitted to the court for consideration. The next steps involve scheduling a hearing and possibly preparing for further discussions regarding the defendant's treatment options.

Begin by identifying the court. Fill in the Circuit Court or District Court of Maryland for the appropriate City or County.
Enter the Case Number and the Court Address.
List the names of the parties involved. Write STATE OF MARYLAND vs. Defendant.
Fill in the Defendant's SID Number.
In the section titled MOTION FOR MODIFICATION OF SENTENCE, indicate the attorney's name representing the Defendant.
State the date of the Defendant's conviction by filling in the Month, Day, and Year.
Specify the charge the Defendant was found guilty of.
Write the name of the Judge who presided over the case.
Request an evaluation by stating, "The Defendant requests that the Court order an evaluation pursuant to HG § 8-505 and placement pursuant to HG § 8-507."
Confirm that there are no unserved warrants or detainers by stating, "To the best of my knowledge and belief, there are no unserved warrants or detainers.."
Indicate if the Defendant is currently pending trial or serving a sentence on other cases. Fill in the relevant Case Numbers.
Note any ongoing negotiations with the State regarding treatment options.
Express the Defendant's consent to treatment and the release of necessary information by referencing the attached consent form.
Conclude the form with the requested relief: "Order an evaluation pursuant to HG § 8-505 and placement pursuant to HG § 8-507. Schedule a hearing on the Motion upon receipt of the evaluation report."
Sign and date the form, and provide the attorney's address.
Complete the CERTIFICATE OF SERVICE section by listing the names and addresses of parties served.
Sign and date the certificate of service.

Form Preview Example

CIRCUIT COURT DISTRICT COURT OF MARYLAND FOR

City/County

Located at	Case No.
	Court Address
STATE OF MARYLAND	vs. Defendant
	SID No.
MOTION FOR MODIFICATION OF SENTENCE
The Defendant,	by and through his/her attorney,

, pursuant to Health General § § 8-505 et. seq. moves.

On the	, day of	,	, the Defendant was
	Month		Year
found guilty of
by	and was sentenced to
	Judge

The Defendant requests that the Court order an evaluation pursuant to HG § 8-505 and placement pursuant to

HG § 8-507.
To the best of my knowledge and belief, there are no unserved warrants or detainers or concurrent or
consecutive sentences that would prevent the defendant from entering a residential treatment facility.
The Defendant is currently pending trial on Case No. (s)	; or
the Defendant is currently serving a sentence on Case No.	,
a consecutive sentence has been imposed on the Defendant in Case No.	; or
there is an unserved warrant for the Defendant in Case No.
Defense Counsel is negotiating with the State to resolve those cases in order for defendant to receive

treatment pursuant to HG § 8-507. To the best of my knowledge and belief, the aforementioned cases will be resolved in order for the Defendant to receive drug treatment pursuant to HG § 8-507.

The Defendant consents to treatment and the release of any information necessary for the evaluation and referral (See attached Consent Form and Release of Information Form).

WHEREFORE, the Defendant requests the following relief:

Order an evaluation pursuant to HG § 8-505 and placement pursuant to HG § 8-507. Schedule a hearing on the Motion upon receipt of the evaluation report.

Date	Attorney 's Address
	CERTIFICATE OF SERVICE
I certify that I served a copy of this Motion upon the following party or parties by mailing first class
mail, postage prepaid, on	to:
	Date
Name	Address
Name	Address
Name	Address
Date	Signature of Party Serving

CC-DC/CR 124 (4/2007)

Common mistakes

Incomplete Information: Failing to fill in all required fields can lead to delays. Ensure that every section, such as the case number and court address, is accurately completed.
Incorrect Dates: Entering the wrong date for the sentencing or motion can create confusion. Double-check the month and year to avoid discrepancies.
Missing Signatures: Omitting the necessary signatures can invalidate the motion. Make sure that both the defendant and the attorney sign where required.
Failure to Attach Required Forms: Not including the Consent Form and Release of Information Form can hinder the evaluation process. Always attach these documents to support the request for treatment.
Ignoring Unserved Warrants: Not disclosing any unserved warrants or detainers may lead to complications. It is crucial to provide complete information regarding any pending legal issues.
Inaccurate Case Details: Providing incorrect case numbers or details about concurrent or consecutive sentences can affect the motion's outcome. Verify that all case information is accurate and up-to-date.

Free Maryland Modification Sentence PDF

Learn More on This Form

What is the purpose of the Maryland Modification Sentence form?

The Maryland Modification Sentence form is used to request a modification of a sentence based on the defendant's need for evaluation and potential placement in a residential treatment facility. It allows the defendant, through their attorney, to formally ask the court for an evaluation under specific health regulations and to seek treatment for substance use issues.

Who can file the Maryland Modification Sentence form?

The form can be filed by the defendant or their attorney. It is essential that the attorney represents the defendant's interests in seeking a modification of the sentence, particularly when it involves treatment for substance use disorders.

What information is required on the form?

The form requires details such as the defendant's name, case number, and the specific charges for which the defendant was found guilty. Additionally, it includes the need for an evaluation and treatment placement under health regulations, along with any pending cases or warrants that may affect the request.

What happens after the form is submitted?

After the form is submitted, the court will review the request. If the court finds merit in the motion, it may schedule a hearing to discuss the evaluation report and determine whether to grant the requested modification of the sentence.

What should be included with the form?

Along with the Maryland Modification Sentence form, it is important to include a consent form and a release of information form. These documents allow for the necessary sharing of information for evaluation and treatment purposes, ensuring that the defendant's rights are respected while facilitating access to care.

Is there a deadline for submitting the form?

While there is no specific deadline mentioned in the form, it is advisable to submit the request as soon as possible, especially if the defendant is currently serving a sentence or has pending charges. Timely submission can help expedite the evaluation process and potential treatment placement.