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Maryland

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to be resentenced or have the sentence reviewed by a three-judge panel, to withdraw the plea, or for a new trial based on new evidence or legal errors in the proceedings.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • Victims can fill out the Crime Victim Notification Request and Demand for Rights Form (CVNRF) and return it to their State Attorney’s Office. The State’s Attorney’s Office should forward a copy of the CVNRF to the Maryland Attorney General’s Office and the higher court where the case is being appealed.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Maryland Attorney General’s Office represents the State in state post-conviction proceedings. To receive updates on the state’s post-conviction process, victims should contact the Victim Services Unit of the Attorney General’s Office by phone at 410-576-6377 or 888-743-0023. Victims should also ensure that their Crime Victim Notification Request and Demand for Rights Form (CVNRF) information is up to date with the State’s Attorney’s office where the crime was prosecuted.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Maine law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Maryland Attorney General’s Office represents the State in federal habeas corpus proceedings. To receive updates on the state’s post-conviction process, victims should contact the Victim Services Unit of the Attorney General’s Office by phone at 410-576-6377 or 888-743-0023. Victims should also ensure that their Crime Victim Notification Request and Demand for Rights Form (CVNRF) information is up to date with the State’s Attorney’s office where the crime was prosecuted.

Early Release Programs

These programs include parole, medical parole, geriatric parole, and earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Maryland, including parole, medical parole, geriatric parole, and earning “credits” that reduce the length of their sentences for good behavior or completion of rehabilitative, educational, or other programs
  • Victims can receive notification by making sure that their Crime Victim Notification Request and Demand for Rights Form (CVNRF) is up to date with the State’s Attorney’s office where the crime was prosecuted. Victims can contact the Victim Services Unit of the Maryland Division of Corrections to ensure notifications. Victims can also register for information about an incarcerated individual’s custody status through VINE.

Clemency

Prosecutors can reconsider the conviction or sentence to be sure it is just.
  • People convicted in certain parts of Maryland – including Montgomery County, Baltimore City, and Prince George’s County – may ask the prosecutor’s office to review their cases. Most of these offices review past convictions only when a person presents a claim of actual innocence or wrongful conviction prompted by new proof of withheld evidence or state-suborned perjury. But Baltimore City also reviews past sentences in cases where the convicted person has a serious medical condition or is over 60 and has spent at least 25 years in prison.
  • Victims can file a DNA Request of Notification Form notification form through the Governor’s Office of Crime Prevention and Policy.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under Maryland law. The Parole Commission assists the governor in this process. In Maryland, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • Victims receive notification of clemency from the Maryland Division of Corrections. Victims can contact the Victim Services Unit of the Maryland Division of Corrections to ensure notifications.

Victims Rights
Post-Conviction

In Maryland, victims have the right to:
  • Be treated with dignity, respect, and sensitivity
  • Notification of any post-sentencing court proceeding*
  • Notification of court hearings*
  • Notification of the custody status of the convicted individual, including parole hearings, escape, release, and clemency*
  • Notification of consideration for commutation, pardon, or remission*
  • Be present and heard at criminal justice proceedings
  • Request restitution and apply for crime victim’s compensation

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Criminal Injuries Compensation Board reimburses victims for expenses related to the crime, such as medical bills, lost wages, and funeral costs.
  • Victims may request assistance with outstanding restitution through the Maryland Department of Public Safety and Correctional Services, Division of Parole and Probation. Victims can also contact the Central Collection Unit for assistance with unpaid restitution. Additionally, the Criminal Injuries Compensation Board may compensate victims of crime up to $45,000 for medical expenses, loss of earnings, and funeral expenses. Victims may also contact the Board by phone at 410-585-3010 or 1-888-679-9347. Applications must be filed within 4 years of the crime, with limited exceptions. Victims of child abuse may file a claim at any time.
Click here to learn more about the post-conviction process and victims’ rights in Maryland

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